On Jun 10, 7:56 am, dhmei...@comcast.net wrote:
> I just found out that someone at my wife's company has been sexually
> harassing my wife for quite some time. I recently found out and was
> told that he had been sending emails of a blatant sexual nature to my
> wife.
I'm unclear from your post whether this is still going on, and whether the harassing individual is still employed in any capacity at your wife's company. Also unclear whether he was her supervisor or just a co-worker who was trying to make a pass at her. Note that trying to date or have a titillating conversation with someone from the office is NOT per se illegal, although if she ever told him his attentions bothered her and asked him to stop, his CONTINUED approaches of a sexual nature COULD be seen as the cause or.contribute to creating a sexually harassing environment, especially if management knew about the continued harassment and did nothing to stop it. Generally to be a form of illegal discrimination, sexual harassment has to be something pervasive that management either encourages or tolerates; the company is not liable simply because a fellow co-worker makes occasional sexually suggestive comments.
> Ok now for some background, her previous supervisor knew of this
> harassment and told her directly to not contact human resources or any
> other supervisor about this harassment and to just "toughen up"
That advice, in itself, may be an independent grounds for claiming harassment, either directly or if seen as a form of adversely changing the terms and conditions of her employment in retaliation for her having made a complaint (a bit of a stretch, that latter, but basically the argument would be the supervisor deprived your wife of her right to complain to HR by telling her not to do so, apparently backed up with some implied threat that would kick in if she did). She still should have gone to HR with her concerns, however, if her immediate supervisor refused to act. The law requires an employment discrimination claimant to exhaust all internal procedures provided by the company to resolve the issue without success, before the matter will be considered an "adverse employment action" by the employer that gives her the right to make an EEOC complaint and then (after exhausting her governmental administrative remedies as well as those provided by the company's internal policy) to sue.
> having read some of the emails they are not even close to being
> boderline, they are graphic!
We'll take your word for it. What matters is whether they created an oppressive work environment that adversely affected your wife's employment, with the knowledge and (tacit or explicit) approval of management.
> Some additional info
>
> When this started this company was an independent private corporation
> which was then purchased by another company. (Purchased about a year
> ago)
That should make no difference to the potential liability. The successor corporation takes over the duties and liabilitieis of its predecessor in that regard. And if the harassment is still going on, the new company is directly liable for what is still going on now.
> Also this supervisor who told my wife not to do anything about this
> left the company about 6 months ago for another company.
Was the underlying harassment by the office Lothario still going on after the supervisor left? The fact that the complacent supervisor was let go or fired is probably a good thing for the company's defense and neutral at best for your wife unless the harassment is still going on even after that supervisor left.
> My question deals with the former supervisor, is there any recourse
> that can be taken against the former supervisor?
Possibly, but why are you limiting your question to that? If your wife feels she suffered any adverse consequences at work as a result of the harassment, and esp. if it is still going on unabated, she should consult a local employment-law practitioner immediately since the initial EEOC or local-agency complaint filing deadlines are often quite short.
> As she was the
> reason my wife was extremely reluctant to come forward with this until
> now.
Understood. But now, esp. if it's still going on, she should (1) report it to her new supervisor, and (2) if that person fails to take sufficient action, report it to HR, and (3) report it to her union rep if she has one, and (4) make an appointment for an initial consultation with a lawyer, if she has suffered serious consequences as a result of the harassment and/or if it is still going on and she wants to be able to force it to stop.
> BTW the parent company has taken action against this individual
That's good for your wife, but not so good for her case, since it shows management DID take appropriate action when they became aware of the harassment.
> Oh yes one more question, should my wife still file complaints with
> the federal and state Equal Employment Opportunity Commission even
> though the company has taken action?
She should consult a lawyer first, and soon, and ask him or her that question. The lawyer will probably want to help her draft the EEOC complaint to make sure it provides an adequate basis for government investigation and possible suit. If your wife does this on her own and screws it up, it could ruin an otherwise meritorious case.
Secondly, keep in mind that, following the lead set by the Supreme Court, the various federal circuit courts of appeal have taken a much harder stance in recent years on recognizing claims of sexual harassment in the civilian workplace. Here in MD, where the ultra-conservative Fourth Circuit decisions govern, it is almost impossible to present a successful sexual harassment claim unless it's for something as blatant as the CEO "bench-testing" all the female employees on the couch in his office. Merely suggestive emails from a low-level co-worker, even graphic ones, are small potatoes unless they are so pervasive that she finds it impossible to continue working there. Expect some heavy cross-examination if her case ever does get to the point of a suit, regarding why she stayed on if she found the emails so offensive and inescapable as to give rise to a harassment claim; the implication being, as her former supervisor said, just to "toughen up" and delete them unread. No one was forcing her to respond or even pay attention to Romeo's blandishments, the company's lawyer will argue.
The other big thing to consider, which you do not mention at all, is the matter of damages and remedies. If the harassment is still going on, and especially if your wife is not the only female employee who is being hit on pervasively, it could be worthwhile to seek an injunction to bar such conduct in the future in that workplace, even if she suffered no specific harm and no financial loss as a result. But keep in mind that your wife is NOT going to get passels of money out of suing her company or her former supervisor, unless as a result of how the situation came down, she got fired, or got treated so badly that she had to quit (which is considered a "constructive termination" just as though she had been directly fired) or if she got demoted, denied promotion, shunted to the desk in the basement, or otherwise specifically harmed. And even if she got fired, if she found another equal or better job soon after, her damages are going to be minimal. Just something to keep in mind so she doesn't get stars in her eyes. And maybe bottom line is, unless she feels there is something she can do to help OTHER women employees remaining at the company, maybe her best bet IS to quit and go work someplace else that will treat her better. It's a free country.
Good luck,
--
This posting is for discussion purposes, not professional advice.
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For confidential professional advice, consult your own lawyer in a private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
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(tel) 410-740-5685 (fax) 410-740-4300
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