Legal Question in Employment Law in Virginia
sexual harassment
I am a nurse that works in a correctional facility. I have been a correctional nurse and have worked in 3 different prisons. I have never encountered the problems with inmates in any facility like the problems I've encountered at my current facility. I have also several times brought this situation to the attention of the higher ranking officers as well as my supervisor with no resolution. I today typed my letter of resignition. The problem is with sexual remarks ethical remarks and a totally hostile environment in general. Most facilities do not allow this type of behavior from inmates, but this certain facility has no control over the inmates and no pro-active or aggressive mesures in place to deal with inmates continued humiliation of myself. This job has made me litterly sick and caused emotional breakdowns. And as I stated to day was basically forced to choose between my job and my self-esteem. Do I have any grounds of malice against the facility for allowing this repeated behavior and not having control of the inmates?
1 Answer from Attorneys
Re: sexual harassment
Malice directed against you on the part of the inmates would not in and of itself be a basis for a lawsuit against the correctional facility. Nor would unethical remarks(whatever that might be) nor other nonsexually adverse comments directed towards your person. However, provable sexual harassment on the part of the inmates which was tolerated by your employer without any attempt to correct it and which provably resulted in a hostile work environment for you might possibly qualify as a basis for such a suit grounded on alleged violations of federal antidiscrimination law.
Many more facts and information, however, would be needed in order to reliably make such a determination.
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