Legal Question in Sexual Harassment in Virginia
Hostile work environment?
i've been working at this retaurant a number of years, it got sold a few months ago and the new owner is a very unpleasent guy. within the first week of managing the place, he had grabbed the breast of another employee, threatend to kill yet another, and made nasty sexual remarks to most of us (cocktail waitresses, we're ALL women).
now, him being the owner, i did mention something to the manager below him, but this never got confirmed or treated as official, and then the owner started this sham of ''employee evaluations'' where he only evaluated me and no one else, and warned me that if i messed up on anything, i was fired. i was called on the phone a day after the next shift of mine and told that i was being let go, because i had not adjusted (manually entered into the card machine) a credit card slip for 3 dollars. the other people working with me did the exact same thing, for larger amounts of money and were not fired.
i'm pretty sure that he fired me for my complaints, but there is no real way to prove it that i can think of. the harrassment however was witnessed almost every time by an obscene amount of people. do i have any chance of a sexual harrassment case now that i've been fired over the 3 dollars?
1 Answer from Attorneys
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.
RESPONSE: Yes, based on the information you've posted, you DO have a potential case and I suggest you consult an attorney. Sex discrimination in the workplace (including harassment of a sexual nature) is prohibited by federal law as well as the Virginia Human Rights Act. Your case would likely fall under a "wrongful discharge" theory. You acted well within your rights by reporting the inappropriate sexual conduct, and your employer may have violated the law by terminating your employment in retaliation for your report.
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