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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42209
Experience:  30 years in Employment law
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I've asked a question before regarding the company my

Customer Question

I've asked a question before regarding the company my wife works for. This one is a sexual harassment question for the same company which is based in Canada.My wife was repeatedly sexually harassed several years ago. The person responsible for this is no longer with the company, and I realize there is a limitation on when you can file a lawsuit for it (I am not an attorney so please correct me if I'm wrong). However my wife did report the issue to her HR department, multiple times. As of January 2016 there has been no effort from that department to address what is currently an ongoing culture of sexual harassment, including completely ignoring my wife's complaint (the person responsible was fired for other reasons). She did not pursue it as much as she could have for fear of being let go by the company for "rocking the boat". She also was told that she "should just relax, be happy, and ignore the problem. Additionally she requested some kind of class/training/documentation/policy be created for sexual harassment. As of this time no policy has been created, no class has been given. As such the "casual" form of sexual harassment continues via jokes, insinuations, touching, etc.My question then is this: what legal recourse does my wife have going forward given the lack of a policy (despite having asked) and having been harassed repeatedly herself without any action by the company when bringing it to their attention?Please keep in mind that while the company is based in Canada, my wife works for it here in the United States (Texas). I'm not sure what, if any, impact that has on the issue.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

I am so sorry that they are doing this to her.She can file with EEOC and claim sexual harassment.There may be gender discrimination here as well.You would have protection from being an at will employee.If they retaliate you file another EEOC complaint.

The EEOC investigates and may issue a right to sue letter.You are then able to file a civil suit and seek damages here including legal fees. The fact the employer has preexisting complaints and knowledge and ahs done nothing are all facts in her favor.I would encourage her to pursue this matter through EEOC and a lawyer as well.

File here

Employment lawyer for her here..

From EEOC the law.

Here it is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 1 year ago.
I appreciate the rapid response. This has been weighing heavily on both our minds for several years now. Thank you (profusely) for the information.
Expert:  Ray replied 1 year ago.

You are so welcome.Wish you both the best here.

If you can leave a positive rating it is always much appreciated.