Port Orchard, WA asked in Employment Law and Sexual Harassment for Washington

Q: I filed a sexual harassment complaint against my supervisor, and while the investigation is completed, it seems wrong.

I attempted to quietly change my schedule, as I wanted to phase myself out of my supervisors shifts due to sexually suggestive remarks. When I explained this to a store manager, he told me it was a mandatory SH complaint. As of this morning, HR concluded their investigation, and not only is he still employed, in that store, but they "cannot change his schedule without his approval", however, I am only working three days, which was voluntary in a temporary as to immediately remove myself from his presence--but those three days adversely impact my family life. I even offered to remain at three days so he could continue his four day schedule, just different days of the week. I am part time, but have worked four days since my hiring in November, and it just seems like the only person being negatively impacted by this is me....the one who was sexually harassed. I have considered filing a complaint with EEOC, but wanted to make sure I even have a case first.

1 Lawyer Answer
Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in Washington

A: Sexual harassment claims are very fact specific. In order to be actionable, the supervisor's harassment must be either: (i) severe; or (ii) pervasive. In other words, a single incident of inappropriate touching may meet the severe threshold. While frequent "flirty" comments about your appearance may meet the pervasive threshold. You need an offline consultation with an employment lawyer to protect the attorney client privilege. Most provide free consultations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.