Legal Question in Sexual Harassment in Washington

Re: Sexual Harassment

Your former employee may have a valid claim for sexual harassment under Washington law. In Washington, sexual harassment is defined as activity of a sexual nature aimed at a person because of his or her gender. Asking your employee to "flirt" at the convention is clearly a request that she use her gender in a sexual way to advance your interests as her employer. As such, this will likely be construed as sexual harassment. At a minimum, a court could conclude that you created a hostile work environment. At worst, this could be viewed as "quid pro quo" harassment; that is, a request that your employee behave in a sexual way in exchange for employment benefits.

You should retain counsel immediately and attempt to resolve this situation before it develops any further. Specifically, resolving it now will prevent your former employee from claiming ongoing damages.

Please let me know if I can be of further assistance.

Sincerely,

LeAnn McDonald