Legal Question in Sexual Harassment in Maryland
grounds for sexual harassment suit
I believe I was sexual harassed at my work place in the form of explict sexual comments by several male co-workers. I spoke with both the Manager and General Manager. Nothing was done. I developed a rash from the stress and subsquently left the job. My question is that since I spoke to the Manager and the General Manager and nothing was done, do I have a case against the company for Sexual Harassment.
2 Answers from Attorneys
Re: grounds for sexual harassment suit
Failure to correct an environment of sexual comments by co-workers may create a cause of action against an employer for creating a "hostile work environment". In order to determine if your facts rise to that level, you should contact an attorney directly who will assist in evaluating a number of factors in order to determine whether to pursue a claim on your behalf, including: the exact nature of the comments, the frequncy of the comments, the number of complaints about the comments, the duration of time over which the comments were permitted, your reactions and actions with regard to the comments, the nature of any corrective measures taken by management, any negative job actions toward yourself, all damage issues (including details and treatment relating to stress-induced illnesses).
I would be happy to chat briefly with you to discus whether my firm could be of assistance. Please feel to call at your convenience if you wish.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Re: grounds for sexual harassment suit
It sounds like you may have a case for both sexual harassment and constructive discharge if your environment was intolerable and that is why you resigned.
You can pursue the matter either with or without an attorney. If you choose to go it alone, you must contact the EEOC (their office is in Baltimore) or a local human rights agency (Montgomery County, PG County or Howard County human rights offices, for example - there is probably an office in your county) and file an administrative charge of discrimination. You must do this within 300 days of the discrimination or you lose the right to pursue the charge. For technical reasons, it is safest to file ASAP, but no later than 240 days after the discrimination occurred. There is no fee to file such a charge.
If you hire an attorney to help you, try to find one that will not charge you an arm and a leg. Attorneys work for a living like everyone else, so a reasonable retainer is to be expected, but most of the fee should be contingent if the case is appropriate for such an arrangement.
Please feel free to call for a free consultation if you would like some specific advice and to explore whether you need an attorney.
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
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.