Is employers actions enough?
I work for a medical device company. My position requires that I frequent many out of state conventions with my supervisor and other co-workers. On a number of these trips my supervisor made unprofessional comment to clients about me with a sexual undertone. I believe he is attacking my reputation with a number of clients. In addition to that, he has made several inappropriate comments and fabricated a relationship between me and another co-worker.
I submitted 3 separate formal complaints to our in-office corporate council assuming she had documented my complaints. She did not and no action was taken. Finally I submitted a statement detailing a year and a half of inappropriate behavior. He is no longer my supervisor and he is being sent to training. I believe his behavior is grounds for termination. We work in a very small office and the tension is unbearable. Is my employers actions appropriate or should I consult a lawyer?
Answers (2)
Your employer did not take action fast enough. However, they have finally done the right thing by sending him to what I presume is "sensitivity training". I am wondering why there is still tension in the office. It appears that the situation has not been fixed to your satisfaction but it is unclear from the facts you have given. If this is true, then another complaint, in writing, should be filed with corporate counsel for a hostile work environment emanating from your initial sexual harassment complaint.
If there is nothing done, you arguably have a cause-of-action for sexual harassment and an unlawful hostile work environment.
But, (and this is a big but), what damages have you suffered? Has your employer given you an adverse job action because of your complaint? Has your emotional distress been treated by a physician? These are questions a plaintiff's employment lawyer will ask to determine if there is a case.
posted by Neil Rubin | Jun 25, 2010 06:55 AM [EST]
posted by Bruce Elfvin | Jun 25, 2010 06:44 AM [EST]
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