Sexual Harrassment at work?

Question

Has anyone ever filed a lawsuit against your employer for sexual harrassment?? Well, it's happening to me for the last 2 years and everytime I try and contact a lawyer they say that my boss which is also the owner has to pretty much rip my clothes off before I have a case! To me, thats a bunch of crap. I have a list a mile long of the things he says. Any information would be great. I'm in Ohio and there are less then 10 employees where I work. Thanks in advance for your help!

Answer 1

Find another job. Title VII of the Civil Rights Act of 1964 only applies to employers with 15 or more employees.

Answer 2

Many commenters of the male gender will tell you to leave, quite a few females will too.

I say that you be prepared. It is definitely hard to prove sexual harrassment. If you have written documentation, witnesses, actual physical evidence, then you have a case. Sexual Harrassment laws are not created to protect women. They're created to protect companies from the victim... that way they cannot be easily sued. If he is touching you, and you have protested, and others have seen, then you have a case... if not honey I hate to tell you this, but you pretty much have nothing to go by.

Often, men perceive their harrassment, to be compliments to women. Saying how great your legs look in that skirt, is not a compliment, and exposes his thoughts of you in a sexual nature. Even if you did take this higher, you may lose, remember the law is written to protect the pig not the victim, and then end up loosing your job, benefits and whatever else. If you truly are going to attempt to build a case against him, you better make sure that your record is SPOTLESS. I mean, always on time, work done accurately and in a timely manner, not persenting yourself receptive of his advances, or gifts or rewards. If you take it to court people will say just what the first idiot commented here... get over it, you stayed for 2 years so the harrassment couldnt've been THAT bad. Its not the case, always. Most often women feel trapped, I mean remember this man is in a position of power over you, and denying his disgusting comments to persist could mean messing with your livelyhood, or a career opportunity of a life time.

Just be careful. There have to be female oriented organizations in your area... try to check them out, and see what advice they can offer... Male lawyers, sadly, are not the ones to go to for this type of case... I hate to sound like some sexist nut, but its true... men work in solidarity, and due to society's practice of "blaming the victim" they probably look at you and see ur attractive and decide that you initiated it, or its your fault, or your a tart who asked for it. Pigs, some are I swear...

Answer 3

Here's a tip: Try contacting a female lawyer. I guarantee you a female lawyer will take your complaint more seriously. Bear in mind, however, that such a lawsuit will turn into a big "he-said-she-said" without independent corroboration of your evidence, even if you have detailed lists of what he said and the date and time he said it. Your case would be a lot stronger if you could find an employee or former employee who is willing to get up in court and say "Yes, I heard the boss say that to her." But if it's simply your word against his, your chances of winning are not good -- especially since you can count on your boss to say you're a substandard employee with an axe to grind (hey, what do you expect from a pig but a grunt?)

Answer 4

Life isn't fair. Your boss might verywell be a horse's azz but why have you stayed for 2 years - - - I know, LEGALLY that's not a defense, and I'm not defending him - - - I'm asking YOU - - is that pay THAT good that you'd stay?

Start looking for something else. And don't say it's because of sexual harrassment. Get an offer lined up. THEN go to your boss. Explain to him that you have two things - (1) a job offer and (2) a lawyer who says you have a case. Say look, I don't want to stick it to you and I know you might not view the situation the same way I do, if you agree to give me a good recommendation I can get out of here and I will not sue you or say bad things about you.

Because while you might win a lawsuit, it might take several years, and you have to pay the rent and the grocery bill in the meantime.

Answer 5

It's not as easy as the movies would like you to believe. Even having solid proof, if he makes a few comments, you need to tell him to stop.

Just to play devil's advocate for a moment:

So he's creating a mildly hostile work environment in your eyes (your word against his) - you can walk, you can talk, you're not in therapy and it can't be so bad since you're still working for him after claiming this has been going on for two years. His attorney will tell him to stop and eventually he may fire you anyway.

I'm not making light of this situation - but you need to look for another job if this is so out of control and bad. You're not going to make a million dollars off of this guy by suing him over a few comments he's made, even if they're daily, and you may even, depending on how small your community is, burn a few bridges in the process. I'm sure this sounds unusual coming from a woman, but reality is what it is. I've been around in my career these past 13 years and while it's not a free pass for anyone to harass someone, I've never seen a person have a successful case where there was a good outcome for the "victim".

If you want him to stop, you need to put your foot down and tell him, very seriously, that his comments are not appropriate and you want them to stop. If they don't stop - find another job.

Answer 6

Amy is pretty accurate

Remember the Lawyers are also in business to make money

If they they spend a lot of time on a case like this, they expect big return

My guess is your boss does not have a lot of money so they don't see a reason to pursue a case that will not pay off

I suspect if you worked for a huge company they would be lined up to help you

Answer 7

Before ANYONE can give you a valid answer as to what you MIGHT be able to do, we would need to know the types of harrassment you are experiencing.

EDITED BASED ON SECOND READING:

While you still have not told me what exactly was done over this timeframe to suggest you have any sort of claim, the few things I CAN tell you is that you do not have to rely on the Federal EEOC to file a complaint or suit for hostile workplace in Ohio.

In Ohio, “federal case law interpreting Title VII of the Civil Rights Act of 1964, Section 2000(e) et seq., Title 42, U.S.Code, is generally applicable to cases involving alleged violations of R.C. Chapter 4112.” Little Forest Med. Ctr. v. Ohio Civ. Rights Comm. (1991), 61 Ohio St.3d 607, 609-610.

R.C. 4112.02(A) makes it an unlawful discriminatory practice for any employer, because of the sex of any person, to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter
directly or indirectly related to employment. This includes subjecting the employee to sexual harassment. Peterson v. Buckeye Steel Casings (1999), 133 Ohio App.3d 715, 723.

In order to establish a claim of hostile-environment sexual harassment, [MOVANT] must show
(1) that the harassment was unwelcome,
(2) that the harassment was based on sex,
(3) that the harassing conduct was sufficiently severe or pervasive to affect the terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment, and
(4) the employer, through its agents or supervisory personnel,
knew or should have known of the harassment and failed to take immediate and appropriate corrective action.
Hampel v. Food Ingredients Specialties, Inc. (2000), 89 Ohio St.3d 169, 176-77

Also, the conduct complained of must be severe or pervasive enough to create an environment that not only the victim subjectively regards as abusive but also a reasonable person would find hostile or abusive. Harris v. Forklift Systems, Inc. (1993), 510 U.S. 17, 21-22.

ALSO, time is of the essence in filing such a claim. See Hinkle v. Ohio Dep’t of Transportation, Franklin App. No. 02AP-742, 2003-Ohio-2478 (employee who waited 13 years to file sexual harassment claim could not demonstrate that she found the behavior to be severe or pervasive.)

Therefore, based on my research, I would strongly suggest you discuss the matter with a local employment attorney soon as if you wait you may give up any right to suit under the doctrine of laches.

RESPONSE TO TAPING SUGGESTION:

I would STRONLY suggest you NOT break the law of put yourself in the position of defending against a civil tort to gather evidence. Ohio law is clear on the circumstances and penalties for illegal taping.

This was an idiotic suggestion not based on any understanding of the law.

Answer 8

What exactly do you hope to achieve by taking your former employer to court for "indecent" sexual advances he may have made to you? How will monetary compensation from or jail term for your former boss ever undo whatever damage you claim has been inflicted on you? Most women are in the habit of laying baits for men and when the latter naturally fall into the trap, gleefully shout "sexual harrassment" from the roof tops. I suppose if the hapless man had refused to employ you in the first instance, you probably would have levelled "sexual discrimination" against him. My advice to you, pretty woman, is to follow your lawyers' counsel and stop degrading yourself any further.

Answer 9

Go find another lawyer. Also, make sure you have a detailed list of events and actions with dates. Carry a recorder and catch him on tape. Be sure to document date and time of events as previously stated. Merely a list will not help much but specific information will.

Answer 10

When the harassment becomes sexual, it is sexual harassment. Touching, innuendo, gestures, pet names, looks, etc... You can definitely tell when someone is putting off a violent vibe versus a sexual vibe, or when they are putting out both.