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Do I have any legal recourse against my employer for allowing workplace harassment and bullying?

Lorain, OH |

I work for a small company (less than 15). There is a coworker that has, from the day I started, constantly and daily harassed me. Calling me "fat, "stupid", "slow," etc. He constantly talks about hating Jews. Constantly makes sexual comments towards another coworker.

This doesn't happen just every once in a while, but all day, every day. I already approached the managers about this situation. They are aware of it, but just told me to "grow thicker skin."

Since I have approached management and they refused to do anything, do I have a civil case against them?

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Attorney answers 4

Posted

Federal discrimination/hostile work environment statutes apply to employers with 15 or more employees. However, the state counterparts cover smaller employers and may apply to your situation. Many employment attorneys offer free consultations and they can help you determine whether you have a legal claim.

I wish you the best of luck.

This information above is provided for informational purposes only and should not be construed as legal advice. If you have questions about your individual circumstances, please consult with an attorney. Please feel free to contact the firm. However, contacting the firm does not create an attorney-client relationship.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

I concur with Mr. Hoffman- go see a lawyer now.

Posted

The best advice would be to set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to whether you have a viable claim, and what procedural steps you should take.

Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. In contingency fee arrangements, there are no hourly fees. In some states attorneys do not charge anything for an initial appointment to discuss your case but in others there is a reasonable fee charged to compensate the attorney for their time and advice. As Abraham Lincoln said "a lawyer's stock in trade is his time."

You can begin your search for a lawyer on this website. Good luck!

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/

Posted

These type of comments are completely inappropriate and probably amount to a hostile work environment.

More questions need to be answered, but you should contact an employment attorney immediately to discuss the case.

Posted

You appear to be aware that the number of employees that affect whether federal and/or state agencies impact the jurisdiction of the EEOC and agencies is generally 15 employees. However, many counties or other smaller governmental units like cities have discrimination laws.

Also, the fact that the company may not fall under the jurisdiction of the law, does not mean it can create a hostile environment. Typically, where the number of employees is too low, it does not mean that conduct is legal, it just goes to the remedy. If it became so unbearable that no "reasonable person" could work in that environment and you quit, it could be considered a constructive discharge and then be in violation of a public policy.

Creative lawyers might find other ways to attack, but the number of workers is a jurisdictional issue that would benefit from consulting with a local attorney.

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