Legal Question in Employment Law in Washington

The boss incharge of staying after hrs at work picks & chooses who he wants/needs 2 stay late. Its always females & we all know u have 2 flirt 2 get the hrs. He went a step 2 far when he started putting his arm around me & when i told him i felt uncomfortable working with him at times i stopped getting hrs. he resently responded 2 a msg i sent him asking y he dont divide hrs evenly 2 those willing 2 work extra hrs by saying "when u r mad u look beautiful better then ever i will talk 2 u tomorrow & i will try 2 work ur hrs but u have to be nice & show me the pic" when i told him i wasnt showing him the pic the next day, he started lying 2 the boss's above him saying i am messing off at work so they wouldnt aprove me working. When i went 2 the boss above him with the msg it was laughed & blown off. so went to the co owner of company & was told my qualifications ment nothing & needed 2 butter up night boss & make good for hrs. as for the text about pic was told i have my story he has his. is going after them legally my next step or how do i get the hours we were told would be given to those who learn all stations when im the only one who does all stations and knows how yet only the females flirting and talking dirty are getting the hours


Asked on 6/07/10, 8:54 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

This sounds to me like a classical sexual harassment case. You have two legal options. First, you can go to either the EEOC or the Washington Human Rights Commission. Both will handle the matter for free, but client feedback I have gotten was that the results were not satisfactory. Some even felt that the EEOC was heavily biased toward the employer. In Washington, you also have the option of bringing a lawsuit yourself. It is highly recommended that you get an attorney to do this, but your outcome is likely to be better. You may even be able to find one who will work on contingency.

If at all possible, get another job first. It is illegal for your employer to retaliate against you for making a claim (either through a government agency or by filing suit) but chances are good that they will do so anyway. It will strengthen your case, legally, but will be pretty miserable meanwhile.

If you do decide to work with the EEOC or the WHRC (the two of them will coordinate their efforts, so it doesn't matter which you call), and you are not satisfied with the outcome, ask for a "right to sue" letter, and then act quickly to find a lawyer. The window during which you can sue following receipt of a "right to sue" letter is short.

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Answered on 6/08/10, 6:34 am


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