Legal Question in Sexual Harassment in Virginia
Hostile Work Environment
About a month ago, I complained to my supervisor (she's also HR) and told her that I was uncomfortable with the way one of the other employees talks to me. I told her that I felt intimidated etc. Her response was that it was my own problem and that I had to deal with it myself. On another occasion about 6 months ago I told her that I didnt like the way one of the other managers looks at me. He only looks at my lower body when we speak. She laughed it off and that he does it to her all the time and that he probably doesnt even realise he does it. Now, this is all on the table and the company has asked me to sign an official agreement that waives my right to file a claim for any of this. I told them NO! Would MY attorney fees be the companies responsibility if an investigation took place? And is it legal for me to counter offer the waiver in place for 3 months severence pay instead? And will signing a waiver even take away my rights?? And am I protected class now since a complaint (an unresolved email to my manager) has been issued? And can they fire me for any reason after the waiver is signed, IF I sign it?
2 Answers from Attorneys
Re: Hostile Work Environment
Assuming that you're not working under the protection of a contract, based upon the facts which you've described, your employer could very likely fire you without legal repercussions even if you did sign the waiver. (In other words, I see no real basis for any viable kind of federal antidiscrimination suit filed by you against your employer for the employee conduct which you've described.)
Better take the severance that's been offered and run.
Re: Hostile Work Environment
READ THIS FIRST: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop reading now.
Title VII of the Civil Rights Act of 1964 forbids employers from engaging in actions that �discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual�s . . . sex.� 42 U.S.C. � 2000e-2(a)(1). A plaintiff may establish a violation of Title VII by proving that discrimination based on sex created a hostile or abusive work environment. Such a showing requires that the plaintiff demonstrate both that the harassment was because of her sex and that it created a hostile work environment. Based on the facts you described, you may have a valid claim against your employer, whose response to your complaints was clearly inappropriate. Still, whether filing a lawsuit would be worth your time, effort, and money would depend on a number of different factors. You should sit down with an attorney to discuss your options.
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