Legal Question in Sexual Harassment in Maryland

Re: BlowJobs during work

He/she should have been disciplined according to the company policy, although zero tolerance does not necessarily mean discharge. But companies often don't follow their own policies to the letter.

As distasteful as this is, it is not necessarily illegal. If it was just an isolated incident in the manner of a bad joke, then it probably is not sexual harassment. That does not excuse the company for not taking some serious action.

If nothing is done, you have every right to file a sexual harassment complaint with either the EEOC or state human rights commission, and let them investigate. The company may not legally retaliate against you in any way and if they do, you can file a separate retaliation charge.

If the boss is harmless and it was an isolated incident, it may not be worth pursuing. But if it is not isolated, you obviously have excellent proof - the evaluation - so it is a case that you might win. Your damages are not high (assuming you did not suffer any pay losses or anything else monetarily), so it is more a case of principle than money, although you can still seek damages for pain and suffering.

The boss should be sent for sensitivity and discrimination training, and should probably be demoted so he/she does not supervise people. That would show the company takes these things seriously.

If you decide to file a claim, which is free and does not need an attorney, be aware that you will likely garner hard feelings although you were wronged, and may suffer retaliation although it is illegal.