Expert: Sonia Pressman Fuentes - 11/4/2004

Question
Hello,
my girlfriend is being sexually harassed by a co-worker, and i was wondering if you might be able to give me some answers in regards to the legal rights she has concerning this matter.  We are located in Massachusetts.  My questions are as follows;

1) can a person file a personal sexual harassment suit against another co-worker if the co-worker has been asked to stop harassing her?

2) If she works part time and the income from that job is her only form of income, does she still have a right to sue the company if no action is taken about the harassment?

3) The co-worker is also creating a hostile work environment by insulting her constantly in many ways aside from the sexual comments...this includes embarasing her in front of other customers while she's working.  How does the law treat matters like this?  Can she sue him for that?  

Any help is much appreciated.
Sincerely,
Shamus Hogan  

Answer
Dear Shamus:

Here are my responses to your three questions:

(1) I don't know who asked the co-worker to stop harassing your woman friend.  Has your woman friend brought this to the attention of her employer?  If not, she might want to consider doing that.

Before filing a lawsuit in court, for which she'd need an attorney, she should file with the city or state fair employment practices agency and then if she doesn't get satisfaction there, at the proper time period, she might be able to file a charge with the local EEOC (Equal Employment Opportunity Commission) office.  After the legal period of time, she would then have the right to file a lawsuit, if she so chose.

(2)The amount of her income is immaterial to her right to file a complaint with the city or state fair employment practice agency or the EEOC.  As to whether she has the right to file as a part-time employee, I believe she would but I haven't had an opportunity to research that matter.  Your woman friend could ask that question of the city or state agency or the EEOC office in her area.

(3) My comments in (1) and (2) with regard to sexual harassment above would be equally applicable to a hostile work atmosphere situation.

Best regards,

Sonia

Hello again, Shamus:

I did some checking with the EEOC with regard to the question of whether your woman friend's part-time status would have any effect on her ability to file a complaint with the EEOC, and, as I thought, it would not. She can file a complaint whether she's a full-time or part-time employee.  What is determinative, however, is whether her employer is covered by Title VII of the Civil Rights Act of 1964, which the EEOC administers.  The employer has to be in an industry affecting commerce, which most every company is, and has to employ 15 or more employees in each working day in each of 20 or more calendar weeks in the current or preceding calendar year.  If so, she could file a charge with the EEOC--provided she has first filed with the city of state fair employment practice commission.  I don't know what the city or state fair employment practice agency rules would be with regard to part-time employees and their definition of "employer."

But I would still recommend that before filing charges with any agency, your woman friend consider bringing the matter to the attention of her employer, if she has not done so already.

Best regards,

Sonia