Does my wife have a case for sexual harassment?

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Does my wife have a case for sexual harassment?

My wife works at a jewelry store. Her boss
recently told her to show more cleavage and
flirt with customers to increase sales. At first,
she thought he was joking but speaking to
another employee there, she was told that he
was serious. This business has no Human
Resources department, so thats out of the
question.

Asked on February 3, 2018 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, she does appear to have a claim: it is sexual discrimination or harassment (they both fall under the same laws) to ask a female employee to show more cleavage or otherwise dress in a sexier way, or to flirt or otherwise use sexual attraction at work. Since you wife's boss is not the owner or top manager, if your wife wishes to puruse a potential claim, she probably needs to report/discuss this with the person over her boss, even if that is her boss's father: that is because an employer must generally be given a chance to correct the issue and prevent its reoccurence before the employer can be held liable. If the employer refuses to take steps to correct this or retaliates against your wife (it is illegal to retaliate for bringing a complaint about sexual harassment), then her next step would be to contact the EEOC to see about filing a complaint for sexual harassmant.


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