Thomas McCutcheon
Q: My employer has been making sexually suggestive remarks while I tried to act like he is just joking, I know he isn’t and I have no intention of flirting or giving into his suggestions about dating and sex. This whole situation is making me very uncomfortable and what can I do about it?
Patricia, Killen, AL
A: Sexual harassment in the workplace is subject to Federal law prohibiting harassment under Title VII of the Civil Rights Act of 1964. These covered areas include race, religion, sex, and national origin. These claims must be filed through the Equal Employment Opportunity Commission (“EEOC”) and the nearest one for our area is in Birmingham, Alabama.
A lot of sexual harassment cases occur when an employer or supervisor offers better working conditions or employment benefits if the employee will submit to sexual advances. The usual case involves some sort of sexual advance or proposition with the expressed or implied threat that if the employee does not give in to these advances he or she will be terminated, demoted or lose other job related benefits. These cases are pretty clear cut.
Less clear are those cases where the parties merely flirt but no real intent can be proven or there was a voluntary sexual relationship that terminated and then the employer wants that relationship to continue and it is at that time unwelcome. Sexual harassment claims may be made by a female against a male or a male against a female. There is no real cause of action for non-work related off duty conduct.
A hostile environment resulting from your rejection of your employer’s advances may create a situation where you can, and maybe should bring suit. However, before you bring suit, the business owner has to have knowledge so your boss’s boss must be told. Then you have to look at what steps the employer took to investigate and remedy the harassment. Probably the best thing for you to do if you want to continue working for this employer is to report this conduct in detail as high up in the chain of command as you can and call the EEOC in Birmingham for their insight and advice. I hope this works out for you as we all have to get along at work and someone making your workplace less pleasant that it needs to be by sexual advances is completely out of place.
Buckle up and drive safely.
