Legal Question in Sexual Harassment in Maryland
sexually charged environment?
I am very concerned about my job. Not losing it, but rather being passed over for promotions, etc I have earned. 2 of my coworkers are involved in a long term affair. the male coworker heads our hr and has a lot of input in personnel decisions. before the affair started, he had tried to start a relationship with me, unsucessfully. this was done very casually, and it would probably be my word against his, although a couple coworkers observed this too. now he and the woman involved are trashing me, along with just about everyone else in the office, to whoever will listen. it's all very subtle, and would be hard to prove, but i don't know what to do. several of us know about the affair, but i don't think it's common knowledge among senior management. thanks so much.
1 Answer from Attorneys
Re: sexually charged environment?
Surprisingly enough, the law is probably not on your side on this issue. Many courts have ruled that your situation does not constitute sexual discrimination or harassment because the actions against you are not based on your sex, but rather the other woman is being given preferential treatment because of a private relationship.
On the other hand, you might be able to show adverse consequences because you turned down the manager's advances. As you say, there is not much proof so that would be tough.
Regardless of who would win a lawsuit, companies are very sensitive to sexual harassment and discrimination issues. If you do not think there is anything else to lose (since you believe you are already being denied promotions, etc.), you should check your company's sexual harassment policy and then make a complaint, following the policy exactly. For instance, it may tell you who to complain to (there should be a choice), and how to file the complaint.
If there is no policy, then bring your complaint to an executive that you trust. It should be a high level person, not just a manager or supervisor. (Often HR would be the place to go but in this case, that is where the problem is.)
Once you start this process, be prepared for the fallout. It is unfair, but often the accuser becomes a pariah. If there is any retaliation, that would be grounds for a separate claim. At that point, you could file a complaint (for free) with the EEOC (the US Agency that handles discrimination matters).
That is the best I can tell you based on limited facts. These situations are very complicated and there may be alternative courses of action based on your individual case. If you want to call for a free consultation to review the matter in detail, please do so. My info is below.
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.