Harrassment Liability Question

[SallyE]

I feel that I have been the victim of harrassment by my manager. Can I sue him without suing the company we work for?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by SallyE:
I feel that I have been the victim of harrassment by my manager. Can I sue him without suing the company we work for?<HR></BLOCKQUOTE>

My response:

You must first exhaust your Administrative remedies first. Until you file a complaint with the EEOC, and obtain your "right to sue" letter, you are estopped from doing anything - - unless he commits a personal tort against you, like assault and/or battery.

IAAL



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[Should Be Working]

To answer your original question, managers, as individuals, cannot be liable for harassment, at least under Title VII. That law only allows claims against "employers," which would be the company. At least that law applies in the 11th Circuit (Georgia, Florida, Alabama). I haven't looked at other circuits, but I'd imagine that they're the same.