Unwelcome Contact by Boss

The Pattern is What Counts

The federal and state laws dealing with issues like sexual harassment really are not concerned with the quasi-amorous misconduct of one employee toward another. What these laws are concerned with are workplaces which tolerate and even encourage discriminatory behavior, including sexual harassment. So, when you write the company you work for seems to breed harassers, I take that as being more important than just about anything else you wrote because it says to me that there is a broad pattern at work that might well amount to a company policy which at least ignores, if not encourages, discriminatory conduct. The antidiscrimation laws were made to attack those broad patterns.

The reason sexual harassment is illegal is not because harassment is illegal. Generally, the law is that an employer may legally treat an employee badly. If you don't like it, you can leave. Sexual harassment is illegal because it is a form of discrimination. In the case of sexual harassment, it is harassment undertaken because of someone's gender. A key element in any sexual harassment case is coming up with evidence that the conduct is motivated by the victim's gender. Often, but not always, the nature of the conduct itself suggests that the motivation is gender.

Sexual harassment is not the only form of illegal harassment. If someone is being mistreated because of that person's race, national origin, religion, and a few other criteria, that mistreatment could be a form of illegal harassment.

Sexual harassment claims are very fact specific. When I read through your query, there was a lot of stuff which taken in isolation did not say a lot to me -- some of the conduct you described seemed harmless to me.

But, I've been working on sexual harassment cases a long time. I know that people who have experienced illgal harassment will often start out by telling me stuff that sounds pretty harmless. When I get into their situations some more, I get them to tell me stuff which changes the entire tenor of the behavior they have been experiencing.

The reason victims of discrimination are better off getting attorneys before going to the EEOC or the State Division of Human Rights is because a knowledgeable employment attorney will help the employee bring out the overall discriminatory pattern, as opposed to one or two recent incidents which, alone, may seem harmless.

Technically, you don't need an attorney to go to the EEOC or SDHR, but their investigators are often too overworked (or have the wrong mindset) to take the time to bring out what is really going on. A privately retained employment attorney will help considerably in bringing out what needs to be brought out.

You're too far from my office for me to help you, but there are employment lawyers in Buffalo who can help.

posted by David M. Lira  |  Nov 1, 2002 10:10 AM [EST]

Unwelcome Contact by Boss

Read and follow the sexual harassment policy of your employer. I recommend that you carefully document each and every occurrence, including identifying witnesses and supporting documents.

Sexual harassment is illegal under federal and NYS law. To preserve and protect your rights, you MUST file a charge of discrimination with the Equal Employment Opportunity Commission ["EEOC"] within 300 days from the date of the event(s) that you wish to challenge.

There is an EEOC office in downtown Buffalo (Fountain Plaza). You can call them at (716) 551-4441. The agency also has a good web site (http://www.eeoc.gov).

You do NOT have to hire a lawyer to file a charge with the EEOC. Some people find it helpful, however, to have some legal support.

I wish you well.

posted by Steven V. Modica  |  Oct 31, 2002 7:02 PM [EST]