Legal Question in Sexual Harassment in Maryland

Re: female harassment

You don't ask a question, so I will assume you want suggestions on what to do. (I also assume you and the woman work for different companies since you are a delivery person.) There are three options for a first step. You can, and should, report it to your employer. Your company probably has a policy on harassment. Check your handbook, or ask your HR dept. or supervisor to give you a copy of the policy, then follow it. It should include the manner in which to file a report.

You can also report it to the place where the woman works, and you can also tell the woman to stop her offensive behavior. (In case you are wondering, the law covers harassment based on sex, whether it is male against female, female against male, or same sex.)

Your best bet is to report it to your company. It is their responsibility to protect their employees. If you report it to the woman's company first, they might not take appropriate action since you are not their employee. If you talk to her without making a record of your complaint first, she might try to lodge a complaint against you as a "preemptive strike" before you can make your own complaint. Then yours would just look like retaliation and would have less credibility.

After you file your complaint, if your employer does not investigate and take appropriate steps (which would include telling the other employer to make sure the conduct ceases, but should not include any adverse action against you such as changing your route to avoid the woman - you should not be penalized for making the complaint), you can file a complaint for free with either the county or state human rights commission, or the federal authority which is the EEOC in Baltimore. They would investigate and you could later sue if you want. But you must file the complaint with one of those agencies first before suing. Also, there are time limits so do not hesitate to take action.

You could file the administrative complaint even if your company takes action, but if they correct the matter there is not much point unless you have already suffered significant damages.

Good luck and feel free to call for a free consultation if you want to discuss the matter in depth and review your options. I do not think you need a lawyer (not yet anyway), but it always helps to talk through the problem.

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: female harassment

There is law to protect against this type of behavior. Unfortunately males are not usually given much access on the issue. Most cases deciding favorably include where females have adversely influenced career decisions. In your case the behavior of the female needs to result in some measurable damage. Unfortunately the law has not lost its own gender bias when it comes to matters of reverse discrimination. You should, nonetheless, consider filing an EEOC complaint to move your matter forward.