Full question:
I was terminated from my job of 5 years and at mediation the company said I quit my job. That was not so. I had a witness who signed the paper that I signed that said that I was terminated. I was under a lot of stress because of harassment by owner's daughter.
- Category: Employment
- Date:
- State: California
Answer:
Sexual harassment can take two forms: quid pro quo and hostile work environment. Quid pro quo occurs when a supervisor demands sexual favors in exchange for job benefits, which violates Title VII's prohibition against sex discrimination. In such cases, the employer can be held liable.
The hostile work environment occurs when a supervisor's behavior creates an intimidating or offensive atmosphere. This can include unwelcome advances or other sexual conduct that impacts an employee's ability to work. If this type of harassment leads an employee to quit, the employer may also be liable.
Employers are responsible for harassment by supervisors, coworkers, or customers if they do not take appropriate action upon learning of the misconduct.
The Equal Employment Opportunity Commission (EEOC) investigates discrimination claims. They first determine if there is reasonable cause to believe the claim is valid. If not, the investigation ends, and the claimant receives a right-to-sue letter, allowing them to file a lawsuit within ninety days in Federal District Court. If reasonable cause is found, the EEOC will attempt to mediate a settlement. If no agreement is reached, the EEOC may file a lawsuit on behalf of the employee, or the employee can proceed with their own lawsuit after receiving a right-to-sue letter. Victims of discrimination may be entitled to damages, including back pay.
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.