WHAT SHOULD I DO IF I’M SEXUALLY HARASSED?
As an Ohio Sexual Harassment Lawyer, I can advise you that it is of the utmost importance that the employee being harassed report the harassment according to the employer’s policy. If your employer has a policy that dictates what an employee should do if he or she is being harassed, you MUST follow that reporting procedure in order to have a claim against your employer.
The Sixth Circuit addresses this problem frequently and has consistently held that if an employee unreasonably fails to take advantage of the employer’s reporting policy, their claim can be dismissed. For example, in 2009, the Sixth Circuit addressed this issue in Tamra Balding-Margolis v. Cleveland Arcade. In that case, Margolis filed suit against Cleveland Arcade (dba Hyatt Regency Cleveland), claiming, among other things, that she was sexually harassed and discriminated against based on her gender.
When Margolis was hired, she was given a copy of the Policy Against Harassment and a copy of the Associate Handbook. Therefore, she was aware that if she experienced any type of harassment or even a workplace problem, she had several avenues in which to report that harassment or problem to a supervisor or manager. The policy listed specific people that Margolis should report to. Margolis was eventually investigated and fired due to an issue not related to sexual harassment. During that termination meeting, she lodged several complaints against one of her managers but failed to mention any type of sexual harassment. She later alleged in her Complaint that she was indeed sexually harassed by two members of management but admitted she had never reported it to any superior, as dictated by the Policy Against Harassment and Associate Handbook. Margolis did claim she reported the harassment to the harasser himself but this action was in direct violation of the employer’s policy, which dictates specific people Margolis should report to. The district court found that Margolis had unreasonably failed to take advantage of the reporting policy provided by the employer because she never reported the sexual harassment to those listed in the employer’s policy.
The employer’s argument was basically this- if you do not report this to us, we will not know about it and we can’t fix something we are not aware of. Obviously reporting the behavior to the harasser himself is not effective. Therefore, the district court granted the employer’s Motion for Summary Judgment. Margolis appealed to the Sixth Circuit Court of Appeals but it too agreed with the district court and held that Margolis failed to take advantage of the employer’s reporting policy. The lesson here for employee is ALWAYS report any type of sexual harassment, in accordance with your employer’s policy.
Refer to this article on sexual harassment and hostile work environment generally. https://www.thefriedmannfirm.com/what-is-a-hostile-work-environment/
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.