Legal Question in Sexual Harassment in Alabama
Sexual Harassment from manager outside of workplace
I am looking to see what laws there are in Alabama regarding sexual harassment. If a manager is sexually harassing his employee but the harassment takes place outside of the workplace do the descriminations fall under the employment sexual harassment law?
The manager randomly shows up at the employers house and calls the employers cell phone constantly to tell her how much he can't live without her. All of this takes place outside the workplace. When reported to HR they said that since it took place outside of work premesis they can not do anythign about it.
There has to be something that can be done. If a complaint is filed and nothing is done to the manager then how can an employee continue to work under that manager comfortably?
2 Answers from Attorneys
Re: Sexual Harassment from manager outside of workplace
Absolutely illegal. It does not matter if the harassment occurs out of the workplace environment. If your manager is requesting sexual favors from you that is a per se violation of the law, and the company has the legal duty and obligation to investigate.
But it is equally important for you to get the evidence down pat. Did you receive "love" letters from him, sexually graphic emails, anything that he couldn't logically deny? Failing that, record him. You can record a phone conversation or other conversation without his knowledge - as long as you are one of the conversers.
Start a diary. Every time he calls you or makes an inappropriate comment to you make an entry: date, time, what he said. Keep it in a notebook, and handwrite it if necessary.
Let him know that you do not appreciate this and are not interested in having a sexual affair with him.
Don't quit. Stick it out. If he fires you, then you're case is even stronger than if you quit.
Finally, you need to make a complaint in writing to the HR department. If you didn't complain in writing, you didn't complain. They will deny that you ever made a complaint and that could be a legal defense to your case. But the bottom line is that where the harassment takes place is utterly irrelevant to its affect on your job. You do not have to take this, and you need to let them know it. You cannot be retaliated against for making this complaint. Just remember that you will have to prove everything.
If you have any questions, this is my area of the law and I would be happy to talk with you on the phone. Just call me at 205-458-1100 or email me at [email protected].
Sterling L. DeRamus, Attorney at Law
Re: Sexual Harassment from manager outside of workplace
there is a potential for a lawsuit against the company even though the manager is doing the harassment outside of the office setting.
contact me by telephone for further assistance. 205 / 759-3232
The Cahaba Law Group LLC
Randal S. Ford, for the firm
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