Dental Assistant Alleges Sexual Harassment and Retaliation at a Dental Office: Why Having No HR Department Doesn’t Stop an Employee’s Rights

For many employees, harassment is not a single event. It can be a steady pattern of unwanted contact, inappropriate comments, and dismissive responses when concerns are raised, in a workplace where the employee has nowhere obvious to turn. A lawsuit filed by a former dental assistant against her employer describes that kind of situation.

According to the complaint, the plaintiff worked as a dental assistant and later worked at a second dental office. She alleges that a supervisor repeatedly subjected her to unwanted sexual conduct, that her objections were dismissed or mocked, that her employer took no corrective action, and that the resulting working conditions ultimately left her with no reasonable alternative but to resign. The complaint asserts claims for sexual harassment, sex discrimination, retaliation, failure to prevent harassment and discrimination, and constructive discharge, among others.

Unwanted Conduct in the Workplace

According to the complaint, the plaintiff worked in close physical proximity to a supervisor throughout the workday. She alleges that he repeatedly subjected her to unwanted and inappropriate physical contact, including after she asked him to stop. She also alleges that he regularly discussed inappropriate sexual subjects at work, made unwelcome sexual innuendos and comments about women’s bodies, and engaged in other sexually inappropriate conduct in her presence.

The alleged conduct was not limited to interactions with one person. The complaint alleges that the plaintiff also witnessed inappropriate conduct involving female coworkers and was herself subjected to degrading comments about her body by coworkers.

Over time, she says, the environment left her feeling intimidated, uncomfortable, and unsafe. She allegedly tried to keep her distance from the supervisor whenever possible. The complaint alleges that the harassment altered the conditions of her employment and created a hostile, intimidating, and abusive workplace.

Close Quarters Make Harassment Harder to Escape

Dental offices, like many small workplaces, involve tight physical spaces and constant proximity to coworkers and supervisors. That can make unwanted contact difficult to avoid and make it harder for an employee to simply walk away from an uncomfortable situation without disrupting patient care or drawing attention.

Under California’s Fair Employment and Housing Act (FEHA), harassment does not have to be a single dramatic incident. Repeated unwanted touching, sexual comments, innuendos, and degrading remarks can add up to a hostile work environment, particularly when they are part of the daily reality of the job.

Speaking Up Without an HR Department

Employees sometimes assume there is little they can do about harassment when their employer does not have a traditional human resources department. The plaintiff’s allegations illustrate why that should not prevent workers from objecting to inappropriate conduct.

According to the complaint, the employer did not maintain an HR department. Even so, the plaintiff allegedly made her objections known in several ways. She moved away when subjected to unwanted physical contact, objected to inappropriate conduct, told a coworker that sexual conversations at work made her uncomfortable, and repeatedly asked that the unwanted contact stop. She alleges that her objections were dismissed or mocked.

The complaint further alleges that another employee expressly characterized the supervisor’s conduct as sexual harassment in front of management. Despite that warning and the plaintiff’s own objections, the lawsuit alleges that no immediate and appropriate corrective action was taken and the harassment continued.

For California employees, an employer’s lack of a dedicated HR department does not eliminate workplace protections against unlawful harassment. Employers are generally required to take reasonable steps to prevent harassment and to respond promptly once they know about it, whether the workplace has five employees or five thousand.

After Speaking Up: Alleged Retaliation

The complaint also alleges that the plaintiff’s work situation changed after she opposed the conduct and raised other workplace concerns. According to the lawsuit, her hours were reduced, she was told that business was slow and she was not needed, some of her shifts were assigned to another employee, and another dental assistant was hired. When she questioned why her schedule had changed, she alleges that she was falsely accused of taking patients’ private information home.

The complaint alleges that these actions were retaliation for protected activity, including opposing the alleged harassment. Retaliation does not always look like a firing. Reduced hours, reassigned shifts, and unfounded accusations can all be part of a retaliation claim when they follow an employee’s complaint or objection.

When Working Conditions Become Intolerable

The plaintiff ultimately resigned.

But the lawsuit alleges that this was not an ordinary voluntary resignation. According to the complaint, the combination of the alleged sexual harassment and retaliation created working conditions so intolerable that a reasonable person in her position would have felt there was no reasonable alternative but to leave.

That allegation forms the basis of the lawsuit’s constructive discharge claim. Constructive discharge can arise when an employee resigns because the employer intentionally created or knowingly permitted intolerable working conditions.

What California Employees Can Learn From This Case

The plaintiff’s circumstances are specific to her, but the issues raised in the lawsuit illustrate several important principles for California workers.

You can object to harassment even when there is no HR department. Employees do not lose their workplace protections simply because they work for a smaller company without a formal human resources team.

Harassment does not have to involve a single dramatic incident. Repeated unwanted touching, sexual comments, innuendos, degrading remarks, and other inappropriate conduct can collectively affect an employee’s working environment.

Objecting in your own way still counts. Moving away, saying no, telling a coworker it makes you uncomfortable, and asking the conduct to stop are all ways of making clear that behavior is unwelcome.

Witnesses and bystanders matter. When another employee describes conduct as harassment in front of management, that can help show that the employer was on notice.

Retaliation can take different forms. It does not necessarily mean immediate termination. The lawsuit alleges actions including reduced hours, reassigned shifts, and accusations against the employee.

Documenting what happens can matter. Employees experiencing workplace problems may want to preserve messages, schedules, and notes reflecting what occurred, when they raised concerns, and how the employer responded.

Where the Case Stands

The lawsuit was filed against the plaintiff’s former employer. The complaint asserts eight causes of action: sexual harassment, sex discrimination, disability discrimination, failure to prevent harassment and discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and constructive discharge in violation of public policy.

The lawsuit seeks damages for alleged lost wages and other losses, emotional distress, punitive damages, attorneys’ fees and costs, and other available relief.

If you are experiencing sexual harassment or retaliation at work in California, you may have legal options. A free, confidential consultation with an employment attorney can help you understand the protections that may apply to your situation.

This article is based on allegations made in a publicly filed legal complaint. The allegations described have not yet been proven in court, and the defendant is entitled to respond and defend itself. The plaintiff’s name and personal identifying details have been omitted for privacy. This article is for informational purposes only and does not constitute legal advice.

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