Legal Question in Sexual Harassment in Washington

Re: I had to quit to end sexual harassment.

Yes, you can still have a case.

Basically, employers are liable for sexual harassment (a form of gender discrimination prohibited by federal, state and local laws) when either a managerial employee engages in the harassment or when the employer has notice of harassment by a co-worker and fails to correct the situation. Sexual harassment has two forms: (1) "quid pro quo" harassment (e.g., date me and I'll give you a promotion) and (2) "hostile environment" harassment.

Quid pro quo harassment occures when the employer or an agent therof modifies or offers/threatens to modify a term or condition of employment based on an employee's submission to sexual/gender-based requests.

Hostile environment harassment occurs when an employee's terms and/or conditions of employment are altered because of severe, pervasive and unwelcome sexual conduct (e.g., unwanted touching, joking, comments, date requests, etc.) Such conduct need not even be directed at the offended employee for actionable harassment to occur.

The fact that you did not complain in writing is of no legal import. Verbal complaints are sufficient. There is the issue, however, of credibility and proof which are affected. If you can testify with credibility and a reasonable degree of certitude as to the dates and circumstances surrounding the incidents and your protests thereto, a jury will believe you and your off to the races!

Furthermore, the fact that you quit is also not fatal to your claim. Courts have a adopted a theory called "constructive discharge." It applies when a employee quits because they were forced to either becuase their employer was going to fire them if they did not quit or their employer made things so unbearable that any reasonable person under the same circumstances would have quit. Constructive discharges are treated just like plain vanilla terminations even though the employee "voluntarily" quit.

Good luck, give me a call if you have any questions.