Legal Question in Sexual Harassment in Washington
Is this sexual harassment and slander
I worked for a company,
I found out that one of the employees had made the comment to a new employee that i was given a chance at a promotion only because i was sleeping with the accountant who had suggested i be given the chance. I made a verbal complaint to the office manager and was told she would be talked to. I also placed a written complaint in my personnel folder. Nothing was said or noted from the office manager.
A few weeks later i am told how she was going around telling our field hands and others that i dress like a slut, and am just ur common construction whore... Mind you
i wear jeans and t-shirts, sweaters..and sometimes a skirt suit... the same as everyone else in the office. Again i went to the officed manager and made another written notation in my file.
My question is, do i have a case of sexual harrassment and slander against this person and the company.
1 Answer from Attorneys
Re: Is this sexual harassment and slander
I can't tell for sure whether this is harassment already. I can tell that your company needs to take it seriously and take progressive action to make it stop. The question about whether it is harassment seems to me to depend on whether it is sufficiently severe or pervasive to alter the terms and conditions of your employment. These two incidents may or may not get there.
You did not mention whether this is a man or woman who is spreading these rumors about you, and it is not that important in theory which it is. The question is only whether the harassment is because of your sex, in theory, however an inexperienced employer representative may not "get it" that this is potentially sexual harassment if it's a woman. You might want to ask whether they think it is sexual harassment.
Definitely keep complaining in a professional manner over things that really deserve a complaint. Don't complain over petty things. Do complain in writing, as necessary, and summarize any verbal complaints you may have made. (You may be glad you put the complaint in writing and dated it). Watch out for retaliation.
Why don't you give me a call so we can discuss it in more detail. It is difficult to really give a good answer in this format. You probably should consult with an attorney about this in a little more detail, maybe even if you have to pay for a consultation.
Oh, it is probably slander about who you supposedly slept with, but defamation claims are not great lawsuits to bring in this context for many reasons. You should feel free to call it slander when you complain, but you may or may not end up pursuing an actual defamation claim.
Give me a call or e-mail - check my website www.stellerlaw.com
Steve Teller
(206) 324-8969
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