Legal Question in Sexual Harassment in Kansas
hostile work environment
I work with a man that has nothing
nice to say about women. He makes comments about
sex and race, speaks of sex acts with women that he
has
or would life to be a part of. The times
that I have stood up to him and asked him to stop I am
verbally attackd. He calls me
names and screams at me in front of others. He daily
speaks
openly of his hatred towards blacks, gays ... any one
that he does not like he verbally attacks or challenges.
To day was �the straw that broke the camels back�. I
work in a nonsmoking building and have quit smoking,
he lights up right in front of my office. When I asked
him to take it out side I am once again the target of his
spray of words. I have gone to my boss many times
with nothing ever done. This man has been in prison
for man slaughter and is now on probation for hitting
his now x-wife. I need my job and don�t feel as if I
should quit as others before me have done because of
this man and my Boss will do nothing. What do I need
to do to gather proof to stop this behavior so that I may
work in a safe and peaceful place? There is one more
boss that I can go to and I will need more then my word
2 Answers from Attorneys
Re: hostile work environment
You do have a case of sexual harassment as to the statements by the coworker about sex and sex acts. You need to continue to report specific incidents to your supervisors. Prove it with witnesses if you can. Keep notes. You can also carry a recorder on your person and record the harassment and play it for your supervisor. This is legal in Kansas (though there may be a company policy against that). If the company does nothing about your complaints, or if the company retaliates against you for complaining, you should talk to an attorney or file a complaint directly with the Kansas Human Rights Commission in Topeka. You have 6 months from the date of the harassment or retaliation to file your complaint.
Jim Wisler
Wisler Law Offices
1311 Wakarusa Drive, Suite 2200
Lawrence, KS 66049
785-843-4110
Representing plaintiffs in personal injury and discrimination cases.
Re: hostile work environment
It sounds like you have notified your superiors but I'd go ahead and tell the next layer of management. Right now, in my opinion, based on your information, you would have sufficient grounds to file a charge of sexual harassment against your employer. That may be the wake up call they need to take this seriously. You would file a charge with the Kansas Human Rights Commission. They have a website at http://www.khrc.net/ if you would like to get more information and look at the forms you need to file. The KHRC is supposed to then do an investigation then make a finding. Usually, they just throw up their hands and issue you what's called a "right to sue letter" (or the EEOC will if the charge has also been filed with them) and then you have 90 days in which to file a lawsuit.
Sounds like the guy is a real jerk. Please call me toll free at 866-258-2448 or email me at [email protected] if you have any further questions.
Best regards,
Todd D. Epp, Esq.
Admitted in Kansas and South Dakota
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