EEOC Sues Employer for not Protecting the Employee
Most harassment claims occur between employees, and the significance of whether or not the harasser is a supervisor or manager is important because if they are, the employer is directly responsible for their actions. If the harasser is a co worker or subordinate, the employer must show they have taken steps to ensure further harassment will not continue to occur. But in this case the EEOC has decided to pursue a case against Virginia Community Health Systems on behalf of a receptionist that was being sexually harassed by a patient. This could possibly be the first time a case like this has been heard in court. Employers are usually only responsible for their employees, not their clientele.
In this instance the EEOC is alleging that the employer created a hostile work environment by allowing the client to continue to harass the receptionist. The receptionist had alerted her supervisor and manager making them aware of the sexually explicit comments and touching, but the company did not move the receptionist or the patient, essentially ignoring her situation and allowing the mistreatment to continue.
What should you do if you are being sexually harassed?
1. Make sure your manager or supervisor is aware of the issues; in writing is usually best.
2. Make a request as to what you would like to see happen; move departments, change schedules, pass this client to a coworker, etc…
3. If harassment continues, make a second report in writing to HR or to upper management.
Once you have made these reports, if for any reason your company suspends you without pay, demotes you, or reduces your hours or pay, you should contact a California labor law attorney. Retaliation is a serious issue and should be examined by an attorney immediately.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact United Employees Law Group. We can help you understand your rights, and in many cases will review your situation without charge.