Legal Question in Sexual Harassment in District of Columbia
Other than in court and the EEOC, can a charge of sexual harassment be filed?
My case for sexual harassment was tried in the D.C. Superior Court. The verdict was the for the Defendant. The jury told my attorneys that they believed that the harassment had ocurred, our witnesses were excellent, the case was well presented and the evidence was astounding, but because of the Statute of Limitations, it could not be proved that sexual harassment ocurred one year from the date that my case was filed (February 27, 2001). The jury also indicated that the attorneys for the Defendant were lousy, witnesses were not credible and the evidence was shallow, but because of the Statutue of Limitations, they could not give my the verdict.
Can this decision be challenged in the Court of Appeals? Can I stil file some type of complaint, i.e., EEOC. The harassment started about 1993 and continued near the end of 2000. My case was filed in D.C. Superior Court on February 27, 2001. The jury indicated that they could not see where the harassment in 2000 was ''severe and pervasive'' enough to be classified as sexual harassment, but the evidence in the previous years were believable.
Please help me! I know that there has to be something else that can be done. Thank you.
3 Answers from Attorneys
Re: Other than in court and the EEOC, can a charge of sexual harassment be filed
It's not clear from your statement as to why your attorneys decided to file the case in D.C. Superior Court instead of the U.S. Federal District Court for D.C., where the rules as well as the general environment may have been more hospitable to your case.
As to what remedies, if any, may still be available to you, including a possible appeal to the D.C Court of Appeals, these questions should be directed to your attorneys who
represented you in D.C. Superior Court.
Re: Other than in court and the EEOC, can a charge of sexual harassment be filed
It's unlikely that you could do anything more than appeal to the DC Court of Appeals. Your attorneys would have to advise whether that is worth the time and money. I assume you went through the DC Office of Human Rights first, before going to court. That would have been your administrative "stop" on the way to court and you cannot now go back to the EEOC and try again.
As for the jury verdict, I am a bit confused by the way you describe it. Sexual harassment is a "continuing violation" type claim. In other words, it occurs over time. Thus, as long as one of the acts falls within the required statute of limitations (btw, I am unsure why there is a 1 year statute in your case - you would have had 300 days from the time of the act complained of to bring a claim in DC - perhaps that is what you are referring to?), the jury should be free to consider all of the harassment that occurred in reaching their verdict, at least in hostile environment claims. If the judge gave them instructions that indicated otherwise, or if they misapplied the law, perhaps there are grounds for appeal.
I am sure your lawyers are familiar with National Railroad Passenger Corp. v. Morgan, 122 S. Ct. 2061 (2002). This is the recent Supreme Court case which clarified the law I just stated on sexual harassment. Ask your lawyers to explain to you whether that case applies to yours. If so, ask if the judge and jury followed it correctly.
And please understand, I am not saying the judge or jury was wrong, or that there are any grounds for appeal. I obviously do not know enough about the case to do so. I am just throwing this out as a suggestion.
In any case, I am sorry that you did not prevail in court. If it is any consolation, at least you had your day in court and made the employer defend itself. Hopefully, the experience will lead the employer to change its ways and better protect its employees.
Best of luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Other than in court and the EEOC, can a charge of sexual harassment be filed
Firstly, I'm sorry that you have been discriminated against and that your remedies are barred by time. From your rendition, I think you have little appeal remedy remainder. If you are still employed by the same employer and the same conduct persist, then your cause of action gets renewed every time an event of discrimination occurs.
There are many things that need to be considered as to what, if any, other options you may have available. Since your attorney is most familiar with your case, that is the best person to consult as to what you can do.
If, however, you wish to discuss your case with another attorney, we will be happy to do so.
The Chavers Law Firm, P.C.
The Watergate, 2600 VA. Ave. suite 200
N.W. Washington DC 20037
202/333-8575
office [email protected]
www.chavlaw.com
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