Legal Question in Sexual Harassment in Alabama
Could I possibly have a sexual harrassment case?
I am 40 years old and I have been employed with a company 5 years. I was hired by a person of a miltary background and claims to be to have christian behavoir. However, I am a homosexual and he has stated he hates gay people. He has talked about what crazy things he has done to gay people in the past. He has scared me. He has sent me copies of scriptures from the bible about how I would be burn in hell and be crucified for my sins of homosexuality. He made comments and nasty jokes about sexual preferences all the time. That I wouldn't know what to do with a man, etc. I am also heavy lady 265 pds, he has criticized me for my weight daily. He cursed me when in meetings saying I pissed him off get out of my office. He kept me under pressure everyday. One day I had my digital camera at work, He said you want to take a picture, take a picture of this, he drops his pants to bare naked rear. Stupid me, didn't have the camera on. He continued to email me pictures and articles about losing weight and fat men cartoons saying ''fatso go away'' He said if I fell down, he would have to get a crane to pick my up. I worked under him for 4 years until last Feb,2004. I turned him in to the president of the company for harassment. Do I have a case?
2 Answers from Attorneys
Re: Could I possibly have a sexual harrassment case?
Yes and no. There are certainly elements of sexual harassment in your situation. However harassment because of homosexuality is unfortunately not protected conduct - although many other states do have such protections.
Nevertheless, exposing oneself and other things he said may create a hostile working environment based on sex and religion as well.
However, that does not automatically translate into a case against the company. The first step in any sexual harassment situation is to complaint to management and then they are required to take "prompt remedial action." Only if they fail to take action can you sue the company. You cannot quit during this time - you must give management a chance to change the situation. If the harassment continues, continue to complain. Again, if they fail to take action or retaliate against you then you have a real claim.
The other problem with your claim is that you must follow the administrative procedures properly. You must file a complaint with the EEOC within 180 days of the last act of a continuing series of sexual/religious harassment.
You stated that you left in Feb 2004; far more than 180 days ago. Furthermore, you stated that you reported this guy to the President at that time. In my opinion, you waited too long.
You could still sue the individual under state law causes of action for tort of outrage, invasion of privacy and other matters. But what is the likelihood of recovery? I doubt he's really rich.
Re: Could I possibly have a sexual harrassment case?
I believe the response from Sterling DeRamus covers everything.
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