Gateway Frontline Wheelchair Escort Claims Sexual Harassment

It’s a common misconception that all sexual harassment charges are brought against male employees. Workplace harassment can actually assume several forms.

A Houston woman, Jamenice Dabney-Davis, has accused her supervisor at Gateway Frontline Services, Inc., Denise Moshay, of sexually harassing her by making sexual comments, illicit sexual invitations, and unwanted physical touching. Dabney-Davis claims that she was fired after she complained about the harassment, according to The Southeast Texas Record.

While this case suggests a clear response by an employer, there are other employer responses that could lead to a retaliation lawsuit as well.

Sexual harassment can occur either through the creation of a hostile work environment or through a quid pro quo situation where a supervisor requests sex or a sexual relationship for a promotion, keeping a job, or being hired.

All companies need a policy addressing what sexual harassment is, how to avoid it, and what to do if an employee becomes a victim of it. If a sexual harassment complaint is mishandled, there can be repercussions through a retaliation suit.

A retaliation suit is brought when an employee feels she has been fired because she reported wrongdoing in the workplace. (The wrongdoing isn’t limited to harassment. For example, an employee could bring a retaliation claim alleging that she was fired because she reports a violation of environmental laws.)

The issue for employers is that without a good policy for what to do when an employee complains about a problem, the employer’s response could be interpreted as retaliation. For example, if Dabney-Davis’ complaints had resulted in her hours being changed to avoid Moshay, this could be seen as a demotion or punishment for reporting the alleged wrongdoing.

Instead, the subject of the complaint should be affected, even if only temporarily, to determine the facts. Once the facts are established, then appropriate action can be taken.

In this case, even though the suit is being filed for harassment, there is probably a retaliation cause of action there as well. If Gateway Frontline Services had a better harassment policy, it might not be in its current situation.

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