What legal actions can be taken in sueing for sexual harassment at place of employment.

I was sexually harassed at work by one of the shift managers. He put his hand on my back and kissed my neck. I reported it to the owner and all that has been done is that we work oppicite days of eachother now. I lost hours because of this. I feel like I have to right to defend my self

East Tawas, MI -

Attorney Answers (3)

James M. Osak

James M. Osak

Employment / Labor Attorney - Madison Heights, MI
Answered

Speak with a LOCAL attorney.
You SHOULD be paid if you lost
wages because of this yahoo's
actions. But the question is
WHO should pay you? It wasn't
the owner who harassed you . . .
HOWEVER . . . it was his agent
(shift manager) so he could
be responsible to pay. Talk to
the owner and DEMAND your
lost wages or you'll sue them
AND file EEOC charges on BOTH
of them (owner and manager).
If anything happens against you
such as less hours or termination
then you'll have a RETALIATION
CLAIM against those two and
the company. Too bad you're
over in East Tawas, MI. Good luck!

THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more
Marilynn Mika Spencer

Marilynn Mika Spencer

Employment / Labor Attorney - San Diego, CA
Answered

I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

I'm sorry this happened to you. It never fails to amaze me that people believe they can engage in this kind of conduct.

The clearest form of sexual harassment is quid pro quo harassment. “Quid pro quo” is Latin for “what for what,” referring to an exchange of one thing for another. In employment discrimination law, “quid pro quo” refers to situations where an employee has to submit to unwelcome sexual advances in order to keep a job or advance on the job. It can refer to requests for sexual favors, unwelcome sexual advances or propositions.

Another kind of sexual harassment is environmental harassment. Environmental harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, or sexual activity. Environmental harassment can also include offensive gestures, sexually suggestive eye contact or looks, and derogatory or graphic posters, cartoons or drawings.

Environmental harassment is unlawful when the unwelcome sexual conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive.

The level of harassment you experienced would not be considered severe or pervasive. But you may still have a claim. Keep reading!

Federal law prohibits workplace sexual harassment. The federal prohibition is in the Civil Rights Act of 1964, Title VII 42 U.S.C. §§ 2000e to 2000e–17.

Work-related sexual harassment can take place at the workplace or in any other location, as long as it arises from the employment relationship.

Either men or women can engage in sexual harassment, and the conduct can be directed against an employee of the opposite sex or of the same sex. However, sexual harassment does not have to be directed at anyone in particular if it is widespread throughout the workplace.

The same law also protects individuals who complain about or report sexual harassment. It is unlawful to retaliate against an individual who makes this kind of complaint or report. How is it that you lost hours? If your schedule was cut because of your complaint of sexual harassment, you may have a valid claim for unlawful retaliation even if you cannot pursue a claim for sexual harassment.

For more information on employment discrimination, please see my Avvo guide on this subject: http://www.avvo.com/legal-guides/ugc/what-is-un.... The guide explains more about discrimination, harassment and retaliation, and how to enforce your rights.

You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.

I hope you can resolve your situation and wish you the best.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
Kevin Rindler Madison

Kevin Rindler Madison

Sexual Harassment Attorney - Lakeway, TX
Answered

Yu should visit with an employment lawyer in your locale who can get all of the facts concerning your situation and then provide you with legal options, which may include the flingbofvan EEOC sexual discrimination complaint against your employer. Office appointments with these type of attorneys are usually free.

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more

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