Reference no: EM131709161

Question: Plaintiff drove a bus for defendant Diversified Paratransit, Inc., which was in the business of transporting developmentally disabled adults and children from their homes and care providers to various day-care centers and schools. One such adult client harassed the plaintiff regularly, including exposing himself to her and ultimately grabbing her and trying to kiss her. Her complaints to her employer were largely ignored. Following the incident involving physical contact, she quit her job. Does the plaintiff have the right to file an OSHA complaint in this case? Does she have a private right of action to sue her employer? If so, what is her legal theory? Does the lawsuit have any OSHA preemption problems? See Salazar v. Diversified Paratransit, Inc. [126 Cal. Rptr.2d 475 (Cal. App. 2002)].