Atlanta Employment Lawyer Blog

If you’re the victim of sexual harassment and you complain to management about the offending behavior, what actions must the company take?

This question is at the root of many work-place disputes.

A recent case from the Tenth Circuit, which includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, questioned if a nursing home did enough in response to an employee’s complaints of harassment. In Aguiar v. Bartlesville Care Ctr., a nursing assistant complained to officials that a resident was groping her - kissing her had, touching her buttocks, and pulling her on top of him. She also complained that he was verbally harassing her.

In response to her complaints, nursing home officials talked to the resident and required that two care givers be present when attending to the patient. The nursing home also provided that different caregivers give him his medicine. The nursing assistant claimed that these actions were not enough. Because the resident was free to move about the nursing home, he continued to seek out the nursing assistant and harass her. In one incident, after “exchanging words” the resident made a threatening hand gesture and pushed the assistant into a medicine cart.

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Imagine if your significant other was being discriminated at work and filed a complaint of harassment against your mutual employer. In response, the company fires you. Can you sue?

A recent Supreme Court decision says – yes, in most situations. In Thompson v. North American Stainless, a man – Eric Thompson - was fired after his fiancée filed a gender discrimination complaint with the EEOC. Thompson then filed a third party claim for retaliation against the company.

Although his claim was initially rejected, the Supreme Court overturned this decision, finding both that firing Thompson was a violation of federal law and that he could bring a claim against the company. The court determined that in those situations where you have a “close relationship” with a co-worker, and complain of discrimination, that co-worker might be protected from retaliation as well. The court did not specifically say who fits within this protected group, but suggested that close family members would likely be included, but “mere acquaintances” might not.

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The Equal Employment Opportunity Commission (EEOC) just filed a lawsuit against Amtrak stating that it has evidence that Amtrak pays males more than females for doing the same work.

The gender bias lawsuit was brought on behalf of a female human resources manager – Sheila Davidson - who had a “significantly heavier” workload than two male colleagues, but was paid the same. According to the lawsuit, after Davidson complained about not receiving higher pay, Amtrak retaliated against her, barring her from senior staff meetings. The lawsuit states that Amtrak “engaged in a continuous practice of suppressing the wages” of Ms. Davidson.

Federal law protects women and men from pay discrimination in two ways. First, sex discrimination laws provide that your gender cannot play a role in any decision your boss makes about your employment including hiring, firing, promotions, and pay. Also, the Equal Pay Act requires that men and women be given equal pay for equal work.

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