Legal Question in Sexual Harassment in Georgia

Re: need sexual harassment help

I will need more information to suggest what you should do. Please e-mail me at [email protected] with more details of what is the nature of the harrassment, etc. I will then respond to you quickly. Your inquiry will be confidential and privileged.

Re: need sexual harassment help

Let me first offer my sincere concern regarding the alleged sexual harassment. Sexual discrimination and harassment cases are generally a complicated matter which turn on the specific facts. In your questions, you did not include what matters you believe constitute sexual harassment, therefore it is impossible to advise you on the merits of your claim. However, claims under Title VII must be filed with the EEOC and you must obtain a right to sue letter from the EEOC in order to proceed to court with your case. Also, dates are very critical in determining whether your claim has been timely filed.

I would be very happy to discuss with you in more detail your case. You may call me at 404-877-9191 or if outside Atlanta 1 (866) 977-9181 or email me at: [email protected]

Best regards,

W. James Moore, Esq.

Re: need sexual harassment help

There are a number of questions that need to be answered to determine whether or not you can file a claim for sexual harassment under Title VII of the Civil Rights Act of 1964, as amended. For example, what was the nature of the harassment? Does the company have a policy prohibiting sexual harassment? If so, did you receive a copy of that policy? Did you complain about the harassment? If so, what did the company do in response to your complaints? Did the company retaliate against you for making a complaint?

These questions are important to determine whether or not you have a valid legal claim. In a nutshell, there are two kinds of sexual harassment recognized by the courts: quid pro quo and hostile environment (although they are no longer called these names, for the sake of brevity, it's easier to refer to them this way). A quid pro quo case is one where, for example, an employer tells an employee to have sex with him or be fired. The hostile environment is created where the atmosphere is so sexually charged that it affects the conditions of employment for a harassed employee. If the sexual harassment resulted in a direct, tangible job detriment, you would be entitled to move directly to the EEOC and file a claim. For example, if you were propositioned by a superior and were terminated for refusing to accept, you could make a claim, and the company would not have the "affirmative defense" set out in fairly recent Supreme Court cases. The affirmative defense is basically that, if an employer has a policy prohibiting sexual harassment, and if that policy is made available to employees, and if that policy has a mechanism for an employee to complain about sexual harassment, and if that employee fails to take advantage of that policy, or if the company takes prompt, remedial action after receiving a complaint under the policy, then the company could have the sexual harassment claim thrown out by the courts.

There are also many instances of retaliation in sexual harassment cases. For example, if an employee complains about sexual harassment, and the company takes some adverse employment action against the employee as a result, there may be illegal retaliation.

Finally, there are some state law claims that can be made in some cases of sexual harassment. These may include battery, intentional infliction of emotional distress, negligent supervision, negligent hiring and negligent retention.

As you can see, there are a number of factors involved in your situation. You probably should talk to an attorney to see if you have valid claims.

Feel free to contact me if you have additional questions or have additional information that may affect the validity of any claim you might have.

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