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How bad does the sexual harassment have to be for me to win my case?

How bad does the sexual harassment have to be for me to win my case?

The law has a low tolerance for offensive behavior.  The following are examples of offensive behavior that was held to be sufficiently severe or pervasive:

  1. Harasser suggested he and the victim drink wine together and told her that “men have urges, and I’m sure women do, too.” He described himself as a “latin lover” and asked her how she was in bed.  McClung v. Employment Development Department (2003) 113 Cal.App.4th 335.
  2. Repeated acts of glaring and staring. Birchstein v. United Motor Manufacturing, Inc. (2001) 92 Cal.App.4th 994.
  3. Harasser reached in to his secretary’s shirt pockets to retrieve M&M’s and asked her what the wildest think she’s ever done. Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128.
  4. One touching of a female breast. Worth v. Tyler, 276 F.3d 249 (7th Cir. 2001).
  5. Co-worker stroked victim’s stomach on one occasion, commenting on its softness and sexiness, telling her not to worry about cheating on her husband. Brooks v. City of San Mateo, 214 F.3d 1082 (9th Cir. 2000).

These are only a few specific examples of certain behaviors the courts have found to be sexual harassment and awarded the victim monetary damages in to the millions.

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