QUESTION

I was sexually harassed 4 years ago. My boss convinced me that I should have sex with him, this went on for a year. Now I'm getting all kinds of verbal abuse, and recently he asked me for sex again. Do I have a case??

Asked on Feb 11th, 2016 on Labor and Employment - California
More details to this question:
I'm trying to get a bully at work to stop yelling at me, now my boss don't want to do anything, cause they don't like women in my type of work. And I believe cause I refuse to give him sexual favors anymore.
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2 ANSWERS

Discrimination Attorney serving Westlake Village, CA at Law Offices of Stephan Math
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The issue as I see it is not whether you had consensual sex with your boss in the past but whether in the present you've made it absolutely clear to him that his advances are not welcome. Will the fact that you had consensual sex with him previously render your case more difficult? Probably. However, if you can demonstrate by evidence that you have clearly rejected any sexual advances after your initial relationship ended and that as a result you suffered adversely then you may have a case. How do you obtain that evidence? My advice to you is that you must put these things in writing. In other words I would send a memo informing him that his current advances are unwelcome and that you consider his conduct to be harassing and request that it cease. Furthermore, I would recap to him that you have asked that he take action against a co-employee who has been bullying you and you are concerned that his failure to take such action is due to your having rejected his advances. Advise him that you believe his conduct to be in violation of company rules and therefore you are requesting once again that he take action to curtail the bullying acts of this particular employee.   Is it possible if you do this you will be subject to adverse action? Yes. However, it seems to me you have little alternative and be aware that should he terminate you once you have made such a complaint in writing..that too would be actionable as retaliation........Stephan Math, Atty
Answered on Feb 11th, 2016 at 3:31 PM

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Discrimination Attorney serving Westlake Village, CA at Law Offices of Stephan Math
Update Your Profile
The issue as I see it is not whether you had consensual sex with your boss in the past but whether in the present you've made it absolutely clear to him that his advances are not welcome. Will the fact that you had consensual sex with him previously render your case more difficult? Probably. However, if you can demonstrate by evidence that you have clearly rejected any sexual advances after your initial relationship ended and that as a result you suffered adversely then you may have a case. How do you obtain that evidence? My advice to you is that you must put these things in writing. In other words I would send a memo informing him that his current advances are unwelcome and that you consider his conduct to be harassing and request that it cease. Furthermore, I would recap to him that you have asked that he take action against a co-employee who has been bullying you and you are concerned that his failure to take such action is due to your having rejected his advances. Advise him that you believe his conduct to be in violation of company rules and therefore you are requesting once again that he take action to curtail the bullying acts of this particular employee.   Is it possible if you do this you will be subject to adverse action? Yes. However, it seems to me you have little alternative and be aware that should he terminate you once you have made such a complaint in writing..that too would be actionable as retaliation........Stephan Math, Atty
Answered on Feb 11th, 2016 at 3:28 PM

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