Ask a Lawyer

My supervisor at work touched me in ways that make me feel uncomfortable, and when I complained to his supervisor, nothing happened and his behavior continues. Where can I go next to make this stop happening? Do I have to quit my job to get this to stop? If I quit my job, will I get unemployment benefits?

According to attorney Jenny Hsu at Foster Pepper PLLC, federal and state statutes are designed to protect you in the event you encounter a hostile work environment. This may include instances of unwanted touching and other various forms of harassment or discrimination by co-workers or supervisors.

Many of these laws also require most employers to have protocols and procedures that allow you to report incidents of harassment or discrimination in the workplace and require such employers to take reasonable steps to prevent such actions from happening again. Although you have already complained to a supervisor, you might want to seek the advice of a human resources manager, if available, at your place of work. In addition, your legal claim can be barred if the employer has a procedure in place to handle harassment or discrimination reports and can show that you failed to follow it.

If you have reported the harassment to the right people at work and the situation has not been changed, or there is no one else there to talk to, there are additional resources available. Try contacting the Washington Human Rights Commission, Seattle’s Equal Employment Opportunity Commission office, or the Seattle Office for Civil Rights. The EEOC and the SOCR allow you to file a complaint that will be reviewed and investigated by the organization free of charge. Both of these agencies can help you negotiate a solution that works for both you and your employer.

Many of the laws providing protection against harassment and discrimination in the workplace require such claims to be reported in a timely manner, often as soon as 180 days after the incident has occurred. It is also recommended that you keep track of the important events that are causing you concern. Writing down times, dates, and the names of observers will be important. If possible, keep copies of any emails, letters, or memos you have sent to your management expressing your concerns and any responses you have received.

If you have reported incidences of workplace hostility to appropriate management and management has taken no action, you may feel the need to quit. This should be your last resort. Typically, unemployment benefits are not available to those who quit their job voluntarily, but if you tried to get managers to fix the situation, you might have a claim for unemployment. Try contacting the state’s Employment Security Department to see if you qualify.

Answers are intended for general information only and are not intended to take place of the advice of your own attorney. Got questions? E-mail atji@seattleu.edu.