Question: A co-worker was verbally harassing me and when I told HR, he was written up and moved to another department. But he continued to make very inappropriate comments, some of which frightened me, whenever we ran into each other or were in the parking lot. 

I went to HR again but was told there was nothing they could do about it. I ended up quitting because I couldn’t take it anymore. Do I have a case against my former employer for failing to take more effective action?

Amy Lieberman, Insight Employment Mediation 

Under Title VII of the Civil Rights Act, when an employer learns of a complaint of harassment based on a protected category, such as race, color, ethnicity, gender, age, disability or sexual harassment, they are obligated to investigate and take prompt and appropriate remedial action. It sounds like, at least initially, your company heard your concerns and addressed them by disciplining and transferring your co-worker. If the harassment is not based on one of these protected categories, though, the employer is not necessarily legally required to investigate and remedy.

As to the continued inappropriate comments, again, if your initial complaint was based on a Title VII protected category, your employer definitely should have directed your co-worker to immediately cease any behavior that could be retaliatory, as retaliation is prohibited by Title VII.

You might have a claim against your employer for failing to take effective action to prevent retaliation. The claim would be for “constructive discharge,” which means you would have to prove that the situation was so intolerable that no reasonable person would have stayed employed. This can be a tough burden to prove.

Also, you should be aware that in every case of wrongful termination or constructive discharge, a former employee has an obligation to mitigate their damages by looking for comparable work. If an employee fails to attempt to mitigate, the employee cannot expect to bring a claim and then recover full salary for whatever period of time they are unemployed.

Jay A. Zweig, Bryan Cave, LLP

As someone who represents employers, I often wonder why some employees look to sue their employer when something goes wrong at work. I also counsel clients that even “equal opportunity” bullies need to be stopped or fired. Although we need more facts to assess your claims, one interpretation is that you had a verbal conflict with a co-worker and when you complained, the company disciplined and transferred him. Yet, you saw him on the premises and decided that due to continued conflict, you would be more comfortable quitting and working elsewhere.

You do not specify that this was sexual or other unlawful harassment. If it was and the company did not take reasonable steps to end the unlawful harassment, including further disciplining and perhaps firing your co-worker, then you have a legitimate claim.

Go to the EEOC. If what you call harassment was a personal disagreement and the company followed its policies, then you made a good choice to move on. And if that is the case, did you have any role in the conflict?  The victim should never be blamed.

Often the employer is also innocent, as long as it follows the law and reasonable policies. Employment laws do not guarantee civility, but good HR practices and common sense require companies to take action when there is bullying.

Compiled by Georgann Yara. Email questions to

Read or Share this story: