Question: Several years ago a male employee of one of my wife's employer's clients asked her if she'd had breast implants. Two months ago, the same man asked her if she'd ever been to a "swingers' club," and talked about his sex life. Is this sexual harassment? My wife hasn't mentioned it to anyone but me.
-- M.L., Lake Success, N.Y.
Answer: As offensive as the client's conduct may be, your wife doesn't necessarily have a legal case -- at least not yet, says Joanna L. Grossman, a professor of law at Hofstra Law School, Hempstead, N.Y. First, the client's conduct probably isn't yet "severe and pervasive" -- that is, bad enough to be actionable under Title VII of the Civil Rights Act. To meet that requirement, offensive talk must be frequent and unrelenting, and these two incidents occurring several years apart wouldn't meet that test, Dr. Grossman says.
Second, even if that test were met, your wife's employer isn't necessarily liable for the client's bad behavior. In determining whether to hold employers liable in cases of "third-party" harassment by clients or customers, courts generally weigh the amount of control an employer has over the situation. Courts usually hold employers liable only if the company knew or should have known about the harassment and failed to take action. So at the very least, your wife must tell her employer -- and wait for a response -- before any legal complaint could be entertained in court, Dr. Grossman says. The best first step: Your wife could investigate whether her employer has policies against sexual harassment -- most large employers do -- and use those channels to register her objection.
Question: Wouldn't the parents described in your column on workplace rights of parents of children with disabilities have some protection under the federal Family & Medical Leave Act?
-- G.H., Pittsburgh, Pa.
Answer: Yes, the family-leave law would provide some protection from retaliation or firing for certain employees who miss up to 12 weeks of work each year because their children have serious health problems. Among the conditions that qualify as "serious" under the law are autism, epilepsy, diabetes, mental retardation, childhood arthritis, muscular dystrophy and cerebral palsy, says Loring Spolter, a Fort Lauderdale, Fla., employment law attorney. Parents who need leave can take it in large chunks, such as for a hospitalization or surgery, or they can spread it out to attend appointments with doctors, therapists or other health professionals, Mr. Spolter says.
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Not all workers are covered by the law. To qualify, an employee must have worked for a total of at least 12 months for the employer, whether the months are consecutive or not, and for a total of at least 1,250 hours in the preceding 12 months, Mr. Spolter says. Also, the employer must have at least 50 employees within a 75-mile radius of the site where the employee works. Although the leave is unpaid, the employer must continue health insurance and some other benefits throughout the leave, at the same level as when the employee is working.
Question: Regarding your column on couples traveling separately: Can you provide information for people who want to make solo trips, including adventure travel?
Answer: The most comprehensive information on traveling alone can be found in books. "The Practical Nomad: How to Travel Around the World," by Edward Hasbrouck, offers help. Another resource is "Solo Traveler: Tales and Tips for Great Trips," a Fodor's Travel book by Lea Lane.
To join a tour, ask a travel agent for help matching your desired activities with a like-minded group. If you book a tour yourself, ask the operator about their client demographics and how well you're likely to fit in, Mr. Hasbrouck says.
On the Web, different extreme sports tours can be found at www.mtsobek.com, an operator of various adventure tours; www.countrywalkers.com, which offers walking tours world-wide; or www.paddlesportsinfo.com, a guide to water sports operators.
Mr. Hasbrouck recommends some resources specifically for women: Workshops for "Women Traveling Solo" are offered by Hostelling International (www.hiusa.org). Elaine Lee's "Go Girl! The Black Woman's Book of Travel Adventure" (www.ugogurl.com) offers useful information for women of any race. He also recommends Thalia Zepatos' "A Journey of One's Own: Uncommon Advice for the Independent Woman Traveler;" and a Web site, www.Journeywoman.com, with tips and articles. |
