Legal Question in Sexual Harassment in Georgia

Re: Sex harassment by pet store manager

I'm so sorry that your daughter has to go through this mess! As another poster indicated, attorneys will take this type of case on a contingency basis, and there will be no legal fees (other than expenses) unless there is a recovery in the case.

What you have described is illegal under a number of different laws. First, it is quid pro quo and hostile environment sexual harassment, which is illegal under the federal Title VII laws. Second, it may rise to the level of several state law claims such as battery, negligent hiring, negligent supervision, negligent retention and possibly intentional infliction of emotional distress. However, there are strict time limits in which she must file a claim. Under the federal laws, she must file a claim with the EEOC within 180 days of the last illegal act. Under Georgia state laws, she must file a claim within two years.

In addition, if the company has a sexual harassment policy, she probably needs to make a complaint to the HR manager or store manager, depending on what the policy requires. I understand that she fears for her job, but under a hostile environment claim under Title VII, she must give her employer the opportunity to correct the situation. This step is not required for a quid pro quo situation.

The difference between a hostile environment claim and a quid pro quo claim is as follows: In a hostile environment claim, the employer allows the environment to be so offensive to a person as a result of their sex as to affect the conditions of her employment. A quid pro quo claim arises in the situation that you described where the employer, or a manager or supervisor of the employer, seeks some type of sexual favors in exchange for the employee keeping her job, getting a raise, etc. Depending on the facts, your daughter might have both types of claims.

Before your daughter takes any steps that might put her job in jeopardy, she needs to speak with an attorney. While it is illegal for a company to retaliate against an employee who makes a good faith claim of sexual harassment, I unfortunately see that all the time. Please feel free to call me or have your daughter call me for a free consultation. If she is comfortable with me as an attorney and I am comfortable with her case, I would be willing to take the case on a contingency basis. Feel free to browse answers to other employment law questions that I have posted on this site to gain a better understanding of my knowledge of this area of the law.

Jeff Kent

770-953-0995 Ext. 104

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

Re: Sex harassment by pet store manager

Dear Parent:

Your daughter can be protected by law and I can give you a lot of legal help. I would represent her for no charge initially, and then if I determine there is a case, I would represent her on a contingency basis so there is no cost to you or her. Please call me at (404) 320-0066 for a free consultation. I look forward to hearing from you.

Kindest regards,

E. Jay Abt

Attorney at Law