Full question:
On my daughters first day of work her boss made several comments such as 'your hot', 'your sexy and we only hire sexy girls you Know', 'your beautiful and should feel great about your self', and other comments. He hovered close, invading personal space. He is part owner of the establishment and my daughter of course had no recourse in the matter. She quit after her first day because she had no one to complain to and felt very uneasy in his presence stating she didn't know how far he would go. After she quit he came by the house wanting to know what was wrong. I asked him if he said all those things and he admitted that he did. After he dropped by my house I received two more phone calls, one from his partner and one from him. I felt like the harassment was never going to end. My question is, does my daughter have a case for sexual harassment? Jobs are very difficult to come by in this economy and due to his behavior lost her current job. What should we do?
- Category: Criminal
- Subcategory: Harassment
- Date:
- State: Florida
Answer:
In order to prevail in a lawsuit, the conduct complained of must be shown to have been offensive to the plaintiff. Jokes, pictures, touching, leering, unwanted requests for a date have all been found by courts to be sexual harassment. Sexual harassment in the workplace can be between people of the same sex. Sexual harassment in the workplace can be a woman harassing a man. A hostile environment in the workplace may also be created by discriminationary behavior based on race, ethnicity, or national origin. The discrimination or harassment in the workplace must be severe and pervasive, rather than a mere idle comment, even if, offensive. Also it must be shown that management is aware of the harassment or discrimination and has failed to take action against it. The answer will be a matter of subjective determination for the court, based opn all the facts and circumstances involved. The answer will depend in part upon whether a complaint was filed. The employer must have notice of the harassment and failed to take action against it in order to be held liable.
Victims of discrimination in the workplace or sexual harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees
Discrimination on the basis of race, color, national origin, religion, sex, age, disability, or status as a Vietnam-era veteran is prohibited by titles VI and VII of the Civil Rights Act of 1964, title IX of the Educational Amendments of 1972, sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Pregnancy Act of 1975, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act Amendments of 1978, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and other federal and state statutes and regulations. This policy applies to all programs, services, and facilities, and includes, but is not limited to, applications, admissions, access to programs and services, and employment.
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.
