Legal Question in Sexual Harassment in Kansas

Is my claim a valid claim

At my work I was harassed by a fellow employee and threatened. I informed my employer of the matter and they did NOTHING about it. To make a long story short, because I was constintly subjected to the harassment I ended up in the hospital for a week. I now have PTSD Panic Disorder and Depression because my employer failed to take action. I have two different doctors that back me in saying that my old employer caused it. I also am on 4 different medicines a day. When I returned to work after I felt better , company made my working conditions unbearable and I had no choice but to quit. They retaliated against me. Is this enough to have a valid claim. Thanks Heather


Asked on 12/04/03, 2:48 pm

2 Answers from Attorneys
Jim Wisler James L. Wisler Law Offices

Re: Is my claim a valid claim

You may have a valid claim against your former employer for sexual harassment. Your employer should have taken action to protect you from harassment by a co employee. If the harassment and the retaliation for the complaint of harassment caused your illness and the loss of your job, you have damages.

You must file a complaint with the Kansas Human Rights Commission within 6 months of the adverse job action. You can file with the EEOC within 300 days. When was the last act of harassment? When did you quit? These are important questions at this time.

I suggest you contact an attorney to discuss this matter as soon as possible. IN the alternative, you can get advice from the Kansas Human Rights Commission in Topeka, Kansas 785-296-2807.

You can call me, toll free, at 1-888-844-4110 to discuss the facts of your case. There is no charge to discuss a possible case. Good luck.

Jim Wisler

Wisler Law Offices

1311 Wakarusa Drive, Suite 2200

Lawrence, KS 66049

785-843-4110

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Answered on 12/04/03, 5:51 pm
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Is my claim a valid claim

Hi: You can probably tell by the quick answers to your question, that the attorneys think you might very well have a valid claim. An employer is responsible for sexual harassment when it is done by co-workers if the employer knew about the harassment and failed to take prompt and appropriate remedial action. If the harassment caused you to have emotional problems, and led to your resignation, you might be entitled to damages for the emotional distress and for the loss of income from your job. Although you have quite a bit of time to file a charge of discrimination after the illegal conduct, it is important to act quickly to protect your rights since evidence can be lost, witnesses can move and memories fade.

As usual, this information is provided for informational purposes and is not intended to creat an attorney client relationship. If you have an actual legal problem, you should consult a competent attorney who knows employment law. Most lawyers will provide a free consultation and can take a case on a contingent fee basis so you have no costs and only have to pay the lawyer if you get a settlement or judgment. There is a lot more information on my website about the EEOC and the laws relating to sexual harassment. Good luck. Mike Shultz

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Answered on 12/04/03, 6:43 pm


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