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Top Sexual Harassment Attorney Reply: Can I Win A Sexual Harassment Case Against My Boss Female?

by | Sep 25, 2014 | Gender Discrimination, Sexual Harassment, Wrongful Termination |

Best Ohio Sexual Harassment Attorney Answer: Is it sexual harassment if my female boss harasses me? Can a man win a sexual harassment case against a female boss? What do I do if my female boss asks me to touch her inappropriately? Who is the best gender discrimination lawyer in Ohio?

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Two days ago, our employment law lawyers blogged about reverse race discrimination. Following that blog, we have received a lot of questions regarding other type “reverse” discrimination and harassment claims. Of particular concern was whether women can be held responsible for sexual harassment of male subordinates. The answer is a clear yes. Sexual harassment laws protect all employees from being sexually harassed by their bosses, supervisors, managers and owners. Men cannot sexually harass women. Women cannot sexually men. In fact, it is unlawful for men to be sexually harassed by their male superiors; and women to be subjected to sex harassment by female superiors. This applies to both quid pro quo and hostile work environment sexual harassment. So, men cannot grab the butts of men or women; and women cannot group or feel up men or other women.  All in all, no sexual touching in the workplace by anyone to anyone.

When someone mentions, “sexual harassment” the term usually brings a particular scenario or picture to mind: a male boss who suggests or demands a quid pro quo arrangement to his subordinate female employee requiring romantic favors for job safety or advancement.  For instance, a boss tells a young female account executive that her bid for a promotion will have a better chance of success if she goes on a date with him. Although this typical scenario may be the norm, that doesn’t mean that sexual harassment can take other forms.

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In prior blogs, we’ve highlighted case after case where female employees receive six or seven figure awards after losing a job due to sexual harassment or reporting sexual harassment. In those cases, the plaintiffs allege that their employer treated them differently or less favorably due to their gender or the fact that they complained about harassment. For employees in Ohio, state and federal laws are in place to protect workers from this type of behavior, including Title VII of the Civil Rights Act of 1964 as well as Ohio R.C. § 4112.02.

But what happens, if an employee’s specific situation doesn’t fall under the typical or classic example?  Like many questions of law, the best answer is, it depends.

Take for example, James Gist. James is a former deputy constable who sued his municipal employer alleging that his female boss, Constable Pam Matranga, sexually harassed him. James made allegations that Constable Pam lifted up her shirt and pulled it down over his head, asked him to touch her breasts, and pretended to give him a lap dance. In the face of the defense’s allegations that James took advantage of the situation and encouraged his supervisor’s behavior to “cash in,” the Texas jury nevertheless awarded James $567,000 for his sexual harassment claims.

There are several lessons to take away from this case. The first is that even if the harassment, discrimination, or retaliation you may be experiencing doesn’t fit into a cookie-cutter example, the best thing to do is get help, or else you may be walking away from the chance to make things right. Here, even though James wasn’t able to keep his job, or stop Constable Pam’s inappropriate behavior, he eventually went on to work for a different police department and was able to win his case in front of jury.  Another lesson to be learned is that employers cannot always avoid liability by claiming that the laws don’t apply due to a reverse from the classic stereotypes or roles. The Federal and State laws enacted to protect employees apply equally to both males and females, and members of varying races and religions.

Sexual harassment is unlawful under Title VII of the Civil Rights Act of 1964 and similar Ohio laws. Sexual harassment is a form of gender discrimination. If you feel that you are being sexually harassed or are working in a sexually charged or hostile working environment, you should not wait to call the right attorney at 866-797-6040 to schedule a free and confidential consultation. At Spitz, The Employee’s Law Firm, you will meet with a sexual harassment lawyer/hostile work environment attorney to find out what your legal rights are and the best way to protect them.  Sexual harrassment is a form of gender discrimination, and employers should be held accountable if they discriminate against female workers in any fashion – but particularly for sexual harrassment. It does not matter if you have been wrongfully fired or are still employed, there is no reason to wait to find out what your legal rights are and how to protect yourself from sexual harassment and gender discrimination.

Disclaimer:

The materials available at the top of this page and at this gender discrimination, wrongful termination, and sex harassment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking “what should I do …”, “I’m being sexually harassed …” “my supervisor grabbed my…”, “my boss is touching…,” “I’ve been wrongfully terminated,” or “how do I …”, your best course is to contact an Ohio sexual harassment attorney/hostile work environment lawyer to obtain advice with respect to sexual harassment/hostile work environment questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at the top of this page or through this employment law website are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.