Legal Question in Sexual Harassment in Washington

I am being harassed at work
I have had a co-worker harassing me at work. He has ran his hands up and down my back, ran his fingers through my hair, caressed my shoulders. Along with this he has been calling me pet names and telling me things like your husband is a ucky man to be crawling into bed with you everynight and I wish I was him. These are just a few. I reported it to my supervisor about 3 months ago and nothing was done. I finally reported it to a manager. 3 others came forward also. They did an investigation and the outcome was ''we talked to him and told him to stop and warned him next time he will be written up''. I want him fired!!!! He now covers his face when he walks by and keeps notes on us. We have all told him to stop ourselfs and told him to not touch us. The company, which is a world wide home improvement chain, has done nothing! I dont know what to do, I do not feel comfortable going into work and do not think I should have to go out of my way to avoid this employee so he does not have the chance to do it again! What can I do???? I am lost! Thank you for all your guideance!

Asked on 12/08/06, 8:40 pm

2 Answers from Attorneys

Craig Crispin Crispin Employment Lawyers

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Re: I am being harassed at work

Hostile environment sexual harassment is unwelcome verbal or physical conduct that is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment. Whether harassment is sufficiently severe or pervasive to create a hostile, intimidating, or offensive working environment depends on whether a reasonable person in the same or similar circumstances would perceive it to be so.

In cases where the hostile work environment is created by someone other than the employer or a supervisory employee, the plaintiff has the additional burden of proving that the defendant ?knew or should have known of the charged sexual harassment and failed to implement prompt and appropriate corrective action.? In sexual harassment cases, the offending conduct must be "unwelcome." ?Conduct must be `unwelcome' in the sense that the employee did not solicit or invite it, and the employee regarded the conduct as undesirable or offensive."

From your description of the facts, it certainly appears you have been sexually harassed, that you reported the harassment to management, and that less than satisfactory action has been taken. It does appear that the offending sexual conduct may have stopped. If that is the case, the employer may not face liability (though it?s a complex question) unless it engages in or permits retaliation, another complex question in some cases.

You need to consult an experienced employment attorney because the analysis of sexual harassment cases can be difficult, and any strategy in dealing with the situation requires careful consideration. Do not delay. Your rights may depend on your getting prompt advice.

The above is a general discussion of legal issues only and does not constitute specific legal advice. Obtain the advice of an attorney who has the benefit of all the facts and circumstances.

Good luck.

Answered on 12/09/06, 8:02 pm

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