Full question:
My daughter has a male co-worker who spent a whole shift making unwanted sexual remarks about her making work unpleasant, she reported him, but the company refused to do anything because they said he didn't touch her so he hasn't sexually harassed her. I told her that's incorrect and he should be reprimanded someway. Would you say she has a case? Would you advise her to hire a lawyer and pursue this?
- Category: Criminal
- Subcategory: Harassment
- Date:
- State: Oklahoma
Answer:
Sexual harassment is a form of sexual discrimination prohibited by Title VII of the Civil Rights Act of 1964. It includes unwanted sexual advances, comments, or behavior that creates a hostile work environment. A hostile work environment occurs when someone makes unwanted sexual remarks or treats a colleague like a sexual object.
In this case, your daughter may have a valid claim. The company is responsible for addressing harassment from co-workers if it creates an intolerable atmosphere for a reasonable employee. Although the harasser did not physically touch her, his comments could still constitute harassment.
Your daughter should submit a written complaint about the harassment. If the harasser is a co-worker, the complaint should go to her supervisor. If the harasser is a supervisor, she should report it to the personnel department or higher management.
It may be beneficial for her to consult a lawyer who specializes in employment law to discuss her options and determine if pursuing legal action is advisable.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.