Title: Sexual Harrassent by a volunteer
Thank you for your time. Yesterday, a female volunteer came into my office. I work at a church, I am the church Administration Assistant. This individual is very masculine in appearance and actions. She often comes into my office to use a computer or office equipment. Several times she has discussed issues with me that make me very uncomfortable.
Yesterday she started singing a song about ‘drinking tequila and taking your clothes off’ and proceeded to say she’d like to see me take my clothes off after drinking tequila. I tried to change the subject and ignore her. She persisted with vulgar conversation about getting naked and drinking.
I have not discussed this with any of my superiors yet. I also have suspicions that that she has stolen money from my wallet. She is being looked at by people that do the security for the church as well. We are trying to have enough evidence against her.
Any suggestions or help would be appreciated.
Hi Cindi,
Thank you for your submission. Your best option here will depend on your goals. Are you hoping to file a lawsuit? Or are you just wanting the uncomfortable talking to stop? If it’s the latter, then your first step should be to discuss this matter with your supervisor in a calm, respectful, and reasonable manner.
If you’re wondering whether this incident is sufficient grounds for a lawsuit, my answer is that I would need more facts to be sure—but probably not. Religious associations are generally not considered “employers” for the purposes of California’s anti-harassment laws. (Gov. Code, §12940, subd. (j)(4)(B).)
That means your church can’t be sued for sexual harassment under California’s Fair Employment and Housing Act (“FEHA”), which is the most common avenue in California for sexual harassment lawsuits.
And, in general, only employees can be held directly liable for sexual harassment. This volunteer probably cannot be held liable for her words under FEHA. (Gov. Code, §12940, subd. (j)(3).)
It’s also worth noting that even if you were employed by a private, for-profit business, this one incident probably would not rise to the level of unlawful sexual harassment—assuming, of course, that this was the first and only time it happened. I don’t see any facts suggesting there was a work-related threat or offer, so the only possible way this would be unlawful sexual harassment is if a hostile work environment was created.
In general, hostile work environment sexual harassment occurs where the victim’s work environment is made hostile, offensive, oppressive, intimidating, or abusive due to pervasive sexual harassment. Meeting this test usually requires there to be repeated instances of unlawful conduct (on more than one occasion), especially if there was no inappropriate touching. Since it sounds like this first occurred yesterday, it probably hasn’t reached the “pervasive” level necessary to have created a hostile work environment.
As a final matter, I would offer you a piece of personal advice: this may be a good time for some self-reflection. I get the strong impression that your judgment is clouded by the fact that you think this woman is “very masculine in appearance and actions.”
If so, you may have an implicit bias against her for her sexual orientation or gender expression. Coming to terms with, and addressing that kind of irrational prejudice may help you avoid feeling uncomfortable in the future.
I sincerely hope that female volunteer can find a loving and welcoming environment in your church—if not with you, then with others in your congregation. And, if not, I hope she finds it elsewhere.
I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!