Legal Question in Employment Law in Washington

Is this harrassment / hostile work environment?

I'll begin by saying that I'm a big girl (pretty fat) and that I work at a landfill with another gal that isn't fat. The following events have happened over the past year or so. I made some drivers on a BIG $$$ job for the company angry by reporting to their supervisor that they had interfered with the landfill's business by telling the scalehouse clerk that we were auditing her (checking tickets to make sure she was charging correctly). From that moment on, they started making me feel uncomfortable: handing me pages from naked-girl calendars, telling me that ''no, they wouldn't go to bed with me''. I reported it to my boss and it got worse. Now there are several other drivers of other customers that tell me NASTY jokes, or ask if I want to here ''off color'' jokes. I overheard my boss telling his boss that I'm unstable (the word he used was ''Whack''). There are only 5 employees at this landfill, and I feel ostracized because I stood up for myself-warned drivers that if they did it again I'd report it to HR. I'm interviewing for other jobs, but my health has suffered (I have an elevated heart rate - high blood pressure and acne at the age of 44!). Would you call this harrassment?


Asked on 1/16/06, 3:16 pm

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Re: Is this harrassment / hostile work environment?

Yes, I would call that harassment. The "hostile work environment" form of sexual harassment is created when an employee is exposed to unwanted sexually explicit comments or materials that interfere in her ability to perform her job (such as creating health problems or making it hard to go to work, etc.), provided the employee reports and/or complains about the conduct and the employer fails to take prompt, effective remedial action. The comments you report are sexually explicit and inappropriate, as are the naked pictures. You did the right thing by reporting the conduct. The employer's failure to take action to stop the harassment makes the employer responsible for the continuing harassment. Also, the failure to take action by the employer might be a form of retaliation, which in itself is an illegal act.

Please be aware that you have only a limited time to take action against the employer (180 or 300 days, depending on the circumstances), so do not delay seeking legal advice. Even if you don't want to assert a claim before you find alternative employment, you should consult with a qualified, experienced sexual harassment lawyer to make sure your rights are preserved.

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.

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Answered on 1/17/06, 1:21 am


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