The EEOC recently announced that it is filing a sexual harassment lawsuit against Wells Fargo. The lawsuit is being brought on behalf of four former bank tellers from a Reno, Nevada branch. The former bank tellers claim that their branch manager and another employee created a hostile workplace. According to the EEOC’s report, their manager and fellow bank teller allegedly subjected the four other bank tellers to regular “graphic sexual comments, gestures and images.” The four bank tellers claim that the manager and the other bank teller not only made sexually explicit comments and touched them inappropriately; they also suggested that dressing more provocatively would bring in and retain more clients for the branch. The inappropriate behavior and comments were allegedly reported to management, but nothing was done to stop or correct the problematic behavior. The situation got to the point where at least one of the four bank tellers felt quitting was the only way to escape it. The EEOC is seeking damages and back pay for the bank teller who quit, as well as a court order making Wells Fargo take steps to prevent this from happening again. What makes this situation a bit unusual is that in this particular situation all of the parties involved are women.
Sexual Harassment
Federal and state laws prohibit sexual harassment in the workplace. Looking at the laws on their face they do not seem to address sexual harassment since the laws are targeting discrimination in the workplace. But sexual harassment is a form of discrimination because the offensive actions are based on a person’s sex and affect the person’s employment opportunities. Generally speaking, sexual harassment needs to be more than a one-time event, for instance, frequent sexually charged comments or repeated inappropriate touching. This requirement allows for one-time actions and behaviors to be corrected and reduces the number of lawsuits brought over honest misunderstandings and mistakes. But sometimes one-time events like threatening to fire or prevent promotion unless the person goes along with the sexual advances can also trigger a sexual harassment claim.
Knowing what constitutes sexual harassment and discrimination can help employees and employers avoid or stop the behavior before they become a hostile workplace environment. Many employers have policies and training programs in place that prohibit sexual harassment, identify common harassing behaviors, and set standards for investigating and remedying harassment claims. However, there are times, as the Wells Fargo case illustrates, when sexual harassment is less obvious and less expected. Most sexual harassment cases are between opposite sex individuals, but same sex harassment is also a recognized problem. Furthermore same sex harassment, as well as opposite sex harassment, can happen to men and between men. For this reason, it is helpful for employers and employees of whatever gender to be aware of their actions and how they can affect those around them.
If you feel that you have been the victim of sexual harassment or a hostile workplace contact a Washington employment attorney.
