Legal Question in Sexual Harassment in Michigan
Spousal rights for sexual harrassment
My spouse's employer knowingly brought in a new VP who had left his last position due to sexual harrassment claims. He made it so she reported directly to him. Approx two years later he resigned due to harrassment complaints by my spouse and company officials.
Do I have any claims to damages for:
1. Two years of covering family duties(2 toddlers)as VP's assignment of duties to my spouse caused her to work until 8-9pm every nite?
2. Contribution of excess work hours and mental stress to the failure of our marriage?
Thank you
MS
2 Answers from Attorneys
Re: Spousal rights for sexual harrassment
If your wife brings a claim for sexual harrassment, then you would have a consortium claim. Your claim would be derivative meaning, that it requires that she bring a claim and that she be successful in that claim before you would have a viable claim. If your spouse is interested in bringing such a claim, give me a call at 248-353-9400. Bill Stern
Re: Spousal rights for sexual harrassment
The first question is whether there is a compensable claim for sexual harassment. The fact of sexual harassment only gives you a starting place. The first question, and often a decisive question is "what did the employer do about harassment when it was reported?'
An interesting question is whether hiring a person who becomes a repeat offender is bad faith. I don't think it is. Further, the employee was either let or "allowed" to quit as a result of your wife's complaints, so the claim is weak there.
HOWEVER, a distinction is made in quid pro quo cases. If the long hours were unpaid and they were punishment for your wife's failure to give in to sexual advances, and would not have been part of the job otherwise, then by all means pursue your claim.
You need to make sure to get to the EEOC, though, because they need to do a preliminary investigation.
Be forewarned: loss of consortium claims means that the other side is going to dig deep into your sex and personal life,--so be prepared.
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