Bracamontes & Vlasak, P.C.
San Francisco Office
220 Montgomery Street
San Francisco, CA 94104
1901 Harrison Street
Oakland, CA 94612
San Francisco Personal Injury
What should I do if I’m being harassed by my supervisor?
This situation is often more difficult to deal with than harassment coming from a co-worker. Sometimes the answer will depend in part on whether you want to remain at the company or are looking to move on with your career.
Generally, if you’re looking for the harassment to stop and want to remain with the company, and if you know who your supervisor’s supervisor is, you should notify that person-or your HR department. It is always better to inform your employer in writing (email is fine) about the specifics of what is said, when, and by whom. That way, the employer cannot later claim it did not know about the problem.
You should also begin keeping a detailed journal of the incidents that you feel constitute harassment. Keep in mind that not every form of unfair treatment or harassment is illegal. The harassment or unfair treatment needs to be related to ethnicity, gender, religion, age (40 or over), familial status, etc. In other words, if you and your supervisor are constantly bickering with one another and it’s only because the two of you don’t get along, or you have a disagreement about your performance at work, it is unlikely that the harassment is illegal. However, if your supervisor is making unwanted sexual comments toward you, or making racial slurs, that type of conduct is illegal.
Unlike a situation where the harassment is coming from a co-worker, harassment from an employer gives rise to strict liability. In other words, an employee does not technically need to give an employer an opportunity to correct the conduct for the employer to be liable.
At BV Law, our employment law attorneys understand how sensitive and complex issues of supervisor harassment can be, especially when you are still employed at the company.
If you feel that you have been subject to supervisor harassment, you should speak with an attorney before making decisions or acting and should contact our office right away.
For more information, see our employment page. For examples of the outstanding results we have achieved in employment discrimination and harassment cases, see our client testimonials.
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