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-unlawful-employment-discrimination--federal-law?published=true. 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 claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
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 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/
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 REPRESENTATION.