Legal Question in Sexual Harassment in Tennessee

Re: Sexualherassment

Report it, in writing, in accordance with your company's policy regarding sexual harrasment. If your company doe not have a policy, then report it to your immediate supervisor in writing. If that person is the one causing the problem, report it to his or her immediate supervisor.

Illegal sexual conduct is illegal and you do not have to tolerate it. You can contact an attorney for consultation at any time.

Re: Sexualherassment

You should report this conduct in writing immediately. Do not let time go by. I know that doing so could be hard if not painful, but you must report it to your company especially if your company has a policy against sexual harrassment.

You should check with your Human Resources Office or any handbook or rulebook provided to you by your employer. If your company has a procedure for reporting this type of conduct then follow that policy. If your company does not have such a procedure or if you feel that its policy is inadequate because you are reporting the conduct to the harasser or the harasser's best friend, then in addition to following the policy report the conduct to the harasser's supervisor, your supervisor or both.

If the company does not take prompt remedial measures. (In other words punish the harasser and take steps to make sure there is not repeat of the conduct and protect you from retailation.) You should contact an attorney immediately and file a claim with the EEOC or the Tennessee Human Rights Commission or both. In a case like this it is never too early to consult an attorney, especially if the situation is intolerable.

I hope this helps you. If I can be of any further assistance, please do not hesitate to call me, 901.527.5522 or e-mail me.

Re: Sexualherassment

Your questions probably need to be answered in reverse order because the answer to the first question will depend on a number of facts which are not contained in your posting.

Sexual harassment is unwelcome harassment because of your gender which is so severe or pervasive that it affects a term, condition or privilege of employment. In 1998 the United States Supreme Court handed down a series of decisions which significantly affected the analysis of these types of situations and placed upon both the employee and employer some important obligations which must be met in order to prevent or redress workplace harassment. To go through each of these points, I would recommend that you contact an attorney as soon as possible. The attorney will be able to guide you in the actions you need to take in protecting yourself from unlawful harassment.

At a minimum, the employee typically must report the harassment to his or her supervisor, a Human Resources manager or other member of management. The exact person to whom the report needs to be made will be determined by your company's anti-harassment policy and procedure. This will trigger a duty on the part of the employer to investigate the claim and take "prompt and appropriate" remedial action. The exact nature and form of any remedial action will vary from situation to situation and once again points to the need to have experienced, independent legal counsel guide and advise you through this situation.