Sexual Harrassment

[coeus890]

What is the name of your state? Maryland

Question

I know a woman that works for a small company. The men that work there constantly talk about sexually explicit things that makes her feel uncomfortable, and her boss has made a comment or 2 to her about her panties.

Is this a form of harrassment ? She can not tell the owner because she fears getting fired for some other reason he would make up after she complained.

What should she do about it ?

Can she bring a tape recorder and document the vulger language and comments made to her ?

 

[BelizeBreeze]

Any such recording, aside from being illegal, would not be admissible in court.

Have your friend file a formal complaint with her state's department of labor.

 

[Beth3]

How many employees does this company have? If less than 15, then the employer is exempt from federal and quite possibly State discrimination laws.

If your friend is also in Maryland, tape recording conversations with out the consent of all parties is prohibited. Nothing prohibits her from creating her own written notes on the vulgar and inappropriate comments.

Assuming the company owner is not her direct boss who made the panty comments, then she needs to inform him that she feels she is being harassed. Employees have an obligation to inform their employers when they believe they are being discriminated against and allow the employer an opportunity to investigate and resolve the matter. If that does not solve the problem or she is retaliated against for complaining, then she is free to file a complaint of sex discrimination/harassment with her State's equal rights division or the EEOC, assuming the company has a sufficient number of employees to be subject to the law.

 

[coeus890]

!!

if she made notes on the comments, how well would that stand up in court ? It seems like it would be her word against theirs

the company has less than 15 employees, the boss/owner also makes these comments.

are you saying a law only applies to a company if it has a certain amount of employees ?

What can she do ?

I have met her boss and seen the people she works with. She will get fired if she complains.

 

[Beth3]

if she made notes on the comments, how well would that stand up in court ? It seems like it would be her word against theirs Your friend is a loooooooong way from court so I wouldn't worry about that just yet. What I can tell you is that the more specifics someone who is being harassed can provide (who, what, when, where, time, witnesses, etc.) the more credible his or her complaint is.

the company has less than 15 employees, the boss/owner also makes these comments. Then unless her State has it's own discrimination laws with a lower threshhold, the employer is exempt from complying with the law.

are you saying a law only applies to a company if it has a certain amount of employees ? That is exactly what I'm saying.

What can she do ? Start looking for another job immediately.

I have met her boss and seen the people she works with. She will get fired if she complains. Okay. So then what does she want to do? The employer will certainly be notified by the State if she files a complaint with them. Your friend wants something done but she doesn't want to do anything. It doesn't work that way. SHE's being subjected to a hostile work environment; if she wants the situation to change SHE needs to complain about it - whether internally or externally (assuming the State will even take her complaint given the size of the company.) Or she can continue to tolerate it. Or she can just look for another job and quit this one.

 

[coeus890]

update

correction, they have 18 employees.

she is looking, its just that the environment is getting worse, so she is just frustrated because of how poorly she is treated.

by the way, thanks for the advice. happy friday to you!

 

[cbg]

The threshold in Maryland is also 15 employees.

Since the employer appears to have 18 employees, she can file under either the state or Federal agency, or both.

 

[coeus890]

!

what would be the advantage of filing ? It would most likley make things worse for her if she did.

 

[cbg]

Let me ask you a question.

What does she expect to happen if she doesn't file?