Expert: John Fuller - 10/1/2008

Question
QUESTION: I had an assistant manager that consistently made rude comments and sexual gestures in front of the manager.  Eventually, he took it a little further and hid cameras in the bathroom to video us.  Since the manager knew this was going on and did not do anything to stop the harrassment before he put the cameras in the bathroom, should the company be held responsible?

ANSWER: Hi Lisa,

A company is responsible for ensuring that all employees are protected under Federal and State sexual harassment and other employment laws.  The way the courts generally look at sexual harassment such as the case you are describing is that the employer (manager) either knew or should have known that this conduct was going on.  Since the harasser was basicaly given a pass in the harassment prior to advancing to the next level of the cameras, the company will have a difficult time explaining why it did not take immediate action.  One thing about sexual harassment is that you do not have to report it particularly if it is done in front of a superior in an organization.  However, it is always advisable to report this type of behavior and put it into channels.  Even if the manager did not do anything, there is always the next level of supervision.  In this case, the company nearly always would be held liable for such conduct. If you have any other questions, please do so.

John

---------- FOLLOW-UP ----------

QUESTION: Hi Thank you for your response to my previous question.  I went to court to find out what the outcome was in the case where the employer took the gentleman to court.  He was found guilty and given 6 mos. jail time.  Does this help me in proving that the manager was aware and should have done something previous to this situation?

Answer
Hi Lisa,

I would focus upon the actual allegations that you want to bring forward.  The company knows what this outcome is from the court so that would be an unstated fact that does not really need to be in your complaint.  However, since the person was found guilty of the camera charge, my feeling is that the company would be more than open to settling your complaint from the allegations you bring to them. If you do decide to bring your allegations forward, I would do so as soon as possible given the recency of this case.

John