The Spitz Law Firm (a limited liability company)
The Spitz Law Firm (a limited liability company)

Call The Right Attorney

No Fee Guarantee

Can I Sue My Same Sex Boss For Sexual Harassment? I Need The Best Sexual Harassment Lawyer Help In Ohio!

| Mar 18, 2016 | Employment Discrimination, gender-discrimination, Retaliation, Sexual Harassment, Wrongful Termination |

Best Ohio Sexual Harassment Lawyer Answer: What should I do if I am being sexually harassed by my same-sex boss? I am a man who is being sexually harassed by my male boss, can I sue him? Is same-sex sexual harassment illegal in Ohio?

sexual harassment, best, top, Cleveland, Cincinnati, Columbus, Toledo, Ohio, Employment, Lawyer, attorney, employer, employee, hostile work environment, quid pro quo, Title VII, gender, female, women, woman, men, discriminate, discrimination, sodomy harrassment,

Unfortunately, most people have a gender stereotype of what sexual harassment is. Most people, if asked to close their eyes and picture a boss or manager sexually harassing a subordinate employee, would describe a man in the position of power taking advantage of a female employee. In reality, sexual harassment occurs when women are the supervisor or boss and men are the sexually exploited workers. And, sexual harassment does not have to be man to women or female to male. Sexual harassment can also happen when men sexually harass men, or women make quid pro quo sexual demand on other women.

Our sexual harassment attorneys have in the past discussed the various ways in which both Ohio and federal laws protect employees from sexual harassment, which is a form of gender discrimination under the federal Title VII of the Civil Rights Act of 1964 and Ohio’s R.C. § 4112.02(A). While these laws protect both male and female employees, it is often incorrectly assumed that only women can sue men for sexual harassment. But, as our employment law lawyers have previously explained in our blogs on sexual harassment, both men and women receive equal protection under both Ohio and Federal laws. (See Can I Sue My Same Gender Boss For Sexual Harassment?; and Same-Sex Sexual Harassment – Less Common, But Just As Illegal).

To some extent, this misconception can be explained. As reported by the Equal Employment Opportunity Commission (“EEOC“), of the nearly 7,000 cases of sexual harassment reported to the commission in 2015, only 17 percent were by males. As fewer and fewer men report incidents of sexual harassment, the law is disproportionately used to protect women from male bosses, leaving the public to believe that the law is only meant for women.

I was fired today in retaliation for reporting my boss for sexually harassing me. What should I do if my boss keeps telling me that I need to have sex with her to keep my job? Is that quid pro quo sexual harassment?

Luckily, a sexual harassment lawsuit filed in California by two former employees of Hooters promises to help in dispelling the misconception that only women can sue men for being sexually harassed by their bosses, managers, or supervisors. According to the sex harassment lawsuit, for years these employees were subjected to repeated acts of humiliation and intimidation at the hands of their male boss. On one occasion, the employees describe, in graphic detail, being taken to the parking lot of their work place and forced to engage in simulated sodomy. On other occasions, the employees describe their boss grabbing their ass. Anyone that can imagine being put in that situation can understand calling this situation a sexually hostile work environment. Just like women should not have their managers groping their breasts, men should not be subjected to having their crotch grabbed at work. Supervisors, managers, and bosses should learn that they should not be touching the private parts of their employees – whether the employees are men or women.

This is a lesson that the manager at Hooters did not learn. Having endured enough of the sex harassment, the employees complained to Hooters, which conducted an investigation. Thereafter, the boss was fired. But, instead of proving these victimized employees with the support they needed, Hooters decided to fire them as well. Can you say wrongful termination?

It is patently against the law for employers to retaliate against employees that complaint about sexual harassment or unlawful discrimination (which includes race/color, religion, gender, national origin, age, and disability discrimination). In fact, it is against the law for employers to retaliate against any employee that even just participates in an investigation. (See Lawyer: What Is Retaliation For Reporting Sexual Harassment?; Retaliation: Now That’s A Lot Of Waffles!; Who Can I Sue For Retaliation At Work?; and Can I Sue My Former Boss For Bad Job References?). Thus, while a boss or manager my just want to get rid of everybody involved instead of trying to sort out what happened, it is still illegal to get rid of the employee that is only involved for being the victim or complaining.

Title VII and similar Ohio laws prohibit unwanted sexual advances and other unwelcome sexual conduct in the workplace. While same-sex sexual harassment is less common than harassment that targets someone of the opposite sex, it is covered and prohibited by Title VII. Title VII also protects employees from being retaliated against if they complainabout sexual harassment or other forms of discrimination to a supervisor. The places a duty on employers to foster a workplace environment that protects employees from sexual harassment. An employer’s failure to act quickly and responsibly can lead to costly lawsuits, just as illustrated in the Hooters lawsuit.

Like the two former employees of Hooters, if you feel that you are being sexually harassed or are working in a sexually charged or hostile working environment, don’t hesitate to call the right attorney at 866-797-6040 to schedule a free and confidential consultation. At the Spitz Law Firm, you will meet with an experienced sexual harassment lawyer who will help you hold your employer accountable. 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 The Spitz Law Firm, Brian Spitz, or any individual attorney.