Legal Question in Sexual Harassment in Louisiana
have a very serious question for you, i work at eastern louisiana mental health facility in jackson louisiana, its a criminally insane facility, i am a female, i work on a complete male unit, and its a maximum unit, here about 5yrs or so ago they changed the policy manual stating women could and would work in the back with these criminally insane men, before they changed there policy women were not allowed in the back of the unit with the male patients at anytime, so while im in the back on the unit with these men all day long for 12hrs the patients make unbelievable sexual comments for the entire almost 12 hours, and many of them stand in the door so you can see them and actully masturbate, now giving we can restrict them to 48hr ward restriction but that does not bother them and even after restricting them they continue to say explicit sexual comment, we have no form of protection for ourselves and since they are considered criminally insane and are patients there is no real form of punishment, i have requested to be moved as well as other women because thats a form of sexual harrassment and i feel violated badly, but my request to be moved goes unnoticed, so im forced to work back there and take whatever they have to say and just swallow it!! Is this legal? What can i do about this? Is this legal?
2 Answers from Attorneys
1) The Louisiana Employment Discrimination Law prohibits employers with 20 or more employees working within the state within the current or preceding calendar year from intentionally discriminating with respect to sex (LA Rev. Stat. Sec. 23:332). Sexual discrimination includes sexual harassment.
2) Complain to the concerned authorities who will investigate whether there is actually any case. As a policy when the company posted u there, whether it falls under the sexual harassment is to be examined.
3) They are insane as u say against whom action shall not subsist. Ignore since they are insane. Alternatively, u may find another job to avoid insane people.
I think I totally disagree with the good doctor from India. Your case reminds me of a case I read a few years ago where a Hooters waitress was being harassed by a customer. The customer would come in and ask to sit in her station and would then harass her with repeated unwanted sexual advances. Her manager said she had to wait on him if he was in her station. She obtained a judgment against Hooters because the manager continued to make her wait on him when he knew he was subjecting her to harassment, even though the person harassing her was a customer over whom Hooters had no (or at least very little) control. I think your case is very similar and I think you likely state a cause of action. You should speak to an attorney in Louisiana (not India) and consider filing a complaint and/or a lawsuit. You are welcome to call my office, if you want to speak to me about it.
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