Legal Question in Sexual Harassment in Maryland

Re: Is company liable for it's employee's email harassment sent from work?

Just to add a bit to Joe's answer, there is a complex body of law on whether a company is vicariously liable for the actions of their employees which constitute sexual harassment discrimination. It generally depends on what type of employee is involved - line level, supervisory/managerial/executive.

As Joe said, in any case, the employee being harassed needs to give notice of the problem. That means, the employee should either follow the company's sexual harassment policy if there is one (check the handbook or ask HR or a manager), or report the harassment to HR (if there is such a dept.), a direct manager or a senior employee with authority such as a V.P. or higher. That way, the company has actual knowledge of the problem and can take appropriate steps to correct it. (If it is reported and the manager brushes it off - "It's not a big deal, you handle it"), tell him or her that it is their job under the law and you want the company to take appropriate steps.)

If they do not (or they do but the problem persists), then a complaint can be filed with the Equal Employment Opportunity Commission (EEOC) or a state or county human rights agency. (This is a prerequisite before filing a lawsuit, and there are time limits involved.)

The harassed employee may also simply opt to tell the harasser to cease the conduct, but that is often ineffective if it does not come from a superior.

Last, keep copies of the offending material if possible, as proof. (But do not violate any company policies to do so, such as wrongfully taking company property that contains the offending material.)

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

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: Is company liable for it's employee's email harassment sent from work?

In order for the company to be liable you need to make adequate notice to the company. Afterwhich if the company does not take appropriate remedial action then an employment claim could be brought. This is not to say that you could not make a claim now.