Legal Question in Sexual Harassment in Maryland
Whenthe Company President is the harasser
I am a manager in a small company of aboput 25 people. I have been approached on two occassions by female staff members about how to handle what they consider to be be discriminatory and harassing behavior from the company president who is also the sole owner of the company. His behavior clearly constitutes a hostile work enviornment. He is the one to whom any supervisor would report a claim of sexual harassment. What is my reporting obligation in this situation. As far as we know there is no company policy or proceedures for managers to follow. Also,his wife is my supervisor, so should I still report it to her.
1 Answer from Attorneys
Re: Whenthe Company President is the harasser
Discriminatory and harassing conduct is a violation of law, especially when it is perpetrated by a high level executive of the company. Obviously, this is an extremely difficult situation, because it involves the owner of the company. Reporting the fact that these woman believe they are being harassed to him or to your supervisor (his wife) may be appropriate, but is difficult to recommend without more knowledge of the facts. The women may also file a claim directly with the EEOC or a local Fair Employment Practices agency. By law, the company is forbidden from taking retaliatory action against those, including yourself, who report illegal discrimination or harassment. However, despite that bar, retaliation does occur.
I would gladly discuss this situation with you and/or the women involved in further detail. I am an employment law specialist, in a 22 attorney "a/v" rated law firm. I am also Chair of the Employment Law Section of the County Bar Association. You can reach me at 301-220-2200.
Disclaimer: Nothing herein shall constitute legal advice. You should consult with an attorney prior to taking any action on your situation.