Legal Question in Sexual Harassment in Georgia

Sexual Harassment

I was employed by Rocky Mountain Express, Atlanta, Ga.

Job Title was Transportation Broker. The company has 19

offices in the US. Employment date July 29,2002. I reported Jeff Chandler to Human Resources for screaming

and shouting at me. Prior to that he had jumpted his desk

and called another employee a ''Nigger'' and had to be pulled

off him. The company assigned him to Anger Management classes. Several more incidents happened after my complaint. Nothing was done. The last encounter was so bad

I cried for two days. Finally I left RMX. Actually I feared for my life. Another thing the manager of that branch was Bill Chandler, Jeff Chandlers father. I would like to file a suite against this company. I am looking for

an attorney to employ for this. Also advice if I have a claim. I have a journal with info and if the employees were

supenoed several would talk.--name removed--Douglas


Asked on 1/03/03, 1:55 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Sexual Harassment

The title of your post indicates sexual harassment, but some of the things you describe seem to fall into racial harassment or verbal and/or physical abuse, which, by themselves, may not be evidence of sexual harassment. Of course, I understand that there may be many other facts or examples that you have not listed on this forum which may show sexual harassment.

There are really two types of sexual harassment--quid pro quo and hostile environment. Quid pro quo encompasses, among other things, situations where an employer makes sexual favors a condition of continued employment. On the other hand, a hostile environment may be created when the employer or its employees have created an environment that is objectively and subjectively hostile to a person or group of people based on sex. For instance, a manager who yells at male and female employees alike may be a jerk and a rude boss, but his conduct has not created a SEXUALLY harassing environment. On the other hand, a manager who makes comments about women, posts lewd pictures of women, etc., may have created an actionable hostile environment.

If you have been subjected to a hostile environment based on your sex, your employer may have an affirmative defense to your claim. If they have a policy against sexual harassment, including a provision regarding what an employee who feels she is the victim of harassment can do, then a complaining employee must take advantage of that reporting provision. Then the company, in order to avoid liability, would have to take prompt remedial action to remedy the situation.

From your post, it is impossible to say definitively whether or not you were the victim of sexual harassment or whether or not the company did what it was supposed to do in response to your complaints. Feel free to call me or repost with additional details.

The foregoing is general information only, not specific legal advice. No attorney/cleint relationship has been created or should be implied.

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Answered on 1/03/03, 2:08 pm


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