Does my wife have a case for sexual harassment?

UPDATED: Oct 1, 2022

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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

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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