It’s easy to assume harassment cases like this only happen at small businesses without an HR department, or that a big company with formal policies would handle things differently. Our client’s case against Walmart shows why that assumption doesn’t hold up. This is a large, well-resourced employer with anti-harassment policies on paper — and, according to the complaint, our client still ended up harassed, then retaliated against by her own coworkers, then fired.
A New Job, Then a Coworker Who Wouldn’t Stop
Our client was hired as a cashier at a Walmart location in Rancho Cordova, California, around June 2024. Shortly after she started, a male coworker began sexually harassing her. According to the complaint, this included repeated explicit sexual comments and advances, including that he wanted to choke her, unwanted hugging on multiple occasions, and at least one incident where he rubbed his genitals against her while she was working. When she firmly told him to stop, he reportedly laughed it off.
Reporting Changed Nothing, Right Away
Our client repeatedly reported the harassment to her supervisors. According to the complaint, nothing sufficient was done in response, and the coworker kept it up — pulling her arm as she walked past, making inappropriate comments, and continuing to try to touch her.
Eventually, she was told an investigation would be conducted. But the complaint alleges Walmart never separated her from the coworker while that investigation was supposedly underway, which let the harassment continue. By August 2024, the coworker had stopped working at Walmart, but our client says she was never told the outcome of the investigation or even why he left.
When the Harasser Left, the Retaliation Started
This is the part of the story that a lot of people don’t expect, and it’s exactly why we wanted to write about it: reporting harassment doesn’t always end when the harasser is gone. According to the complaint, once that coworker was no longer employed there, two of his friends among the staff began harassing our client based on her sex, spreading rumors that she’d enjoyed the earlier harassment, that she had invited it, that she was the one harassing him, that she’d had children with him, that she was selling drugs, and that she was stealing merchandise for her kids.
The same two coworkers allegedly began assigning her tasks outside the scope of her cashier role, and when she couldn’t get her actual job done because of it, her supervisors reprimanded her rather than listen to her explanation. On at least two occasions, the complaint alleges, these coworkers physically assaulted her, including shoving her.
Complaints, Discipline, and a Termination
Our client complained about this new wave of harassment too. According to the complaint, it still wasn’t adequately addressed, and it continued for the rest of her time at the company. She began receiving disciplinary write-ups she says were pretextual, and in December 2024, Walmart terminated her employment — which the complaint alleges was in retaliation for her ongoing complaints of sexual harassment.
Where the Case Stands
Filed in Sacramento County Superior Court, our client’s lawsuit against Walmart raises five claims under California’s Fair Employment and Housing Act (FEHA): sexual harassment and hostile work environment, sex discrimination, failure to prevent harassment and discrimination, retaliation, and wrongful termination in violation of public policy. The case is ongoing, and we’ll share updates as it moves forward.
Why This Pattern Shows Up in So Many Workplaces
The details here are specific to our client, but the shape of what happened to her is not rare, and it doesn’t require a small or poorly run employer for it to unfold this way:
- One coworker’s conduct can be enough, on its own, to build a case. You don’t need a supervisor or a pattern spanning years — repeated unwanted comments and touching from a single coworker already meets the bar.
- Being told “we’re investigating” isn’t the same as being protected. If your employer doesn’t separate you from the person you complained about while looking into it, the harassment can simply continue.
- A harasser leaving doesn’t mean the situation is resolved. Coworkers loyal to that person can pick up where things left off, and that’s still harassment your employer can be liable for.
- Rumors spread after a complaint are a form of retaliation, not just gossip. If coworkers start telling a story designed to make you look like the aggressor, document it — it matters.
- Being loaded up with extra, out-of-scope tasks and then disciplined for it is a recognizable retaliation tactic. If you’re being set up to fail, write down who assigned you what and when.
- A shove or unwanted physical contact from a coworker isn’t “workplace roughhousing.” It can be assault, separate from and in addition to a harassment claim.
- Disciplinary write-ups that show up right before a termination are worth holding onto. Pretextual discipline is often the paper trail an employer builds to justify a retaliatory firing.
- The size of your employer doesn’t determine whether you’re protected, or whether they’ll actually follow through. Large companies with formal policies can still fail to enforce them.
If any of this sounds like what’s happening at your job, you don’t have to sort it out on your own. Makarem & Associates offers free consultations to talk through what happened, what your rights are, and what your options look like. Reach out to us — we’re here to listen and to help.
This article is based on allegations in a complaint filed in court. Those allegations haven’t been proven, and the defendants are entitled to contest them. Our client’s name has been withheld to protect her privacy. Nothing here is legal advice — if you’re dealing with something similar, talk to an employment attorney about your specific situation.
