What are my rights regarding sexual harassment at work?
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What are my rights regarding sexual harassment at work?
About a month ago, I put in notice and left my job and now can’t find employment. I left only because (I was a host at a restaurant for a year and a half) a male server that I had gone out with outside of work told other coworkers that I had performed oral sex on him and I was very embarrassied and felt too uncomfortable to stay. When I gave notice to management, I had just been confronted by another server about the act and was very upset and crying hysterically. I told the manager exactly what was going on and what was being said. The entire management team ignored it and never even acknowledged me leaving after having worked 6 days a week for so long. I feel like it was wrong of the company not to stand up and protect me?
Asked on February 10, 2016 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You have a right to not be subjected to sexual harrassment at work, and management has an obligation to investigate reports of harassment and take appropriate action. Had you reported this before giving notice, then IF management did not respond appropriately, the employer could be liable. But you write that you only reported the harassment when you gave notice; by waiting until then, you deprived management of the opportunity to take corrective action, which means they did not fail in their obligations...they had no chance to investigate and respond. While it would be worthwhile for you to discuss the matter in detail with an employment law attorney, to see if you have a claim, by waiting until when you did, you may have badly damaged your case.
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