Legal Question in Employment Law in Washington
Harrassed, what do I do?
I quit my job because my direct manager was making leud sexual comments, and being rude, slandering me, causing me to feel uncomfortable, etc. When I brought this to the attention of my human resources manager, they decided not to do anything. I quit because she spent every day being hostile toward me. I couldn't do my job properly and when I asked to be transferred out of the situation, I was refused. Is there any course of action I can take? My manager refused to correct my payroll, causing me to be paid incorrectly. I do have documentation to back up some of this. Any info is helpful.
2 Answers from Attorneys
Re: Harrassed, what do I do?
Sexual harassment is a violation of both state and federal law. The employer becomes liable if the victim reports the harassment and the employer fails to take prompt effective remedial action to stop the harassment. Not all bothersome conduct is sexual harassment. Isolated comments will not be enough; the claim requires severe or pervasive conduct based on sex. "Rude," "slandering," or "causing me to fee uncomfortable" is not illegal unless it is sexual in nature or in retaliation for complaints of sexual harassment. The payroll problems also might constitute retaliation for your complaints of sexual harassment, which is also illegal. You should consult a lawyer who has experience dealing with sexual harassment claims.
The above does not constitute legal opinion and is offered for the
purposes of discussion only. The law differs in every jurisdiction, and
you should not rely on any opinion except that of an attorney you have
retained, who has a professional duty to advise you after being fully
informed of all the pertinent facts and who is familiar with the
applicable law.
You must also be aware that you have only a limited amount of time to commence an action against your former employer. For example, your Title VII claim must be commenced within 300 days from the date of the improper conduct. Act promptly. If you delay, your rights may be lost forever. Engage the services of a lawyer immediately.
Good luck.
Re: Harrassed, what do I do? Corrected Reply
CORRECTED REPLY: Sexual harassment is a violation of both state and federal law. If the supervisor takes a �tangible employment action� against you (such as termination, demotion, etc.), then the employer is liable. If no such tangible employment action is taken, the employer becomes liable only if the victim reports the harassment and the employer fails to take prompt effective remedial action to stop the harassment. Not all bothersome conduct is sexual harassment. Isolated comments will not be enough; the claim requires severe or pervasive conduct based on sex. "Rude," "slandering," or "causing me to fee uncomfortable" is not illegal unless it is sexual in nature or in retaliation for complaints of sexual harassment. The payroll problems also might constitute retaliation for your complaints of sexual harassment, which is also illegal. You should consult a lawyer who has experience dealing with sexual harassment claims.
You must also be aware that you have only a limited amount of time to commence an action against your former employer. For example, your Title VII claim must be commenced within 300 days from the date of the improper conduct. Act promptly. If you delay, your rights may be lost forever. Engage the services of a lawyer immediately.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
Good luck.