Question

sexual harrassment

Asked 28 February 2012 · 1 answer

The question

2 months ago I started at a new dentist office as a dental assistant. Though I primarily work for the owner, the apprentice dentist is there and we all work together. I have heard many stories from employees about this young doctor("he's young, cocky, gets drunk and passes out business cards to women..then they call the office and he can't remember who they are or why they are calling"...to name a few). Last week the youg dentist came up to me in the lab area (where no one was around) and started feeling me, touching me, grabbing me. I told him to stop and moved away, however because of the limited space he came behind me,rubbing on me. I stormed out crying; one girl saw me leave and asked what was wrong, I replied "I'm not putting up with that guy". When I spoke to my boss one hour later, he stated he would "accept my resignation". I stated I would love to continue to work there, for my boss only (as was stipulation of hiring), but not with other doctor. My boss stated he would "look into things" but I no longer was employed. Is this fair??? PLEASE HELP!

From the LawyerCentral forum archive. Originally posted 28 February 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 29 February 2012

Where is the dentist’s office located? How many individuals work for this office?

Considering many, if not most, dentists employ fewer than 15 employees, the minimum requirement for coverage under Title VII of the Civil Rights Act of 1964, as amended, you likely cannot pursue a federal Title VII sexual harassment claim against your former employer.

However, you may have a viable state law sexual harassment claim depending on where you live. If you live in a state which prohibits statutorily sexual harassment in the workplace and covers small employers (i.e., companies with 14 or fewer employees) under its anti-discrimination law, then you may have a basis for pursuing a claim under state law. For example, in California and the District of Columbia, a company with even one employee remains subject to the local anti-discrimination law.

In contrast, states like Alabama, Arkansas and Mississippi do not have a state employment discrimination statute. As a consequence, women subject to workplace harassment which occurs at such small companies in these states do not have statutory right to challenge such abuse.

For the foregoing reasons, you should endeavor to contact a local employment law attorney to ascertain whether you can pursue a sexual harassment claim against your former employer.

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