Is there a size limit on FMLA and Sexual Harassment suits?

[handsomeharry]

A friend of mine said that she was sexually harassed, by members of a law firm no less. I asked her about suing them, and she told me that there was a curious provision to the law that requires a size limit-IIRC fifteen, before the law could be invoked. I don’t buy this explanation, but, she may be telling the truth. Is she? I’m not interested in torts or other stuff, just sexual harassment laws themselves.

Next question: Is there a company size provision before the FMLA becomes operative?

Thanks,
hh

[Otto]

Under FMLA:

(A) IN GENERAL.–The term “employer”
(i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year

Under Title VII:

The term ``employer’’ means a person engaged in an industry affecting
commerce who has fifteen or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year,
and any agent of such a person, but such term does not include (1) the
United States, a corporation wholly owned by the Government of the United
States, an Indian tribe, or any department or agency of the District of
Columbia subject by statute to procedures of the competitive service (as
defined in section 2102 of title 5 [of the United States Code]), or
(2) a bona fide private membership club (other than a labor organization)
which is exempt from taxation under section 501(c) of title 26 [the
Internal Revenue Code of 1954], except that during the first year
after March 24, 1972 [the date of enactment of the Equal Employment
Opportunity Act of 1972], persons having fewer than twentyfive
employees (and their agents) shall not be considered employers.

[Otto]

The above information was found in less than 20 seconds.

[handsomeharry]

@Otto

The above information was found in less than 20 seconds.

Well, sure, by somebody that knows what they’re doing!!!
Thanks,
hh

[Gfactor]

Some state laws might provide similar rights without the federal size limitations.

Apparently, Oklahoma law does not with respect to medical leave. http://www.ncsl.org/programs/employ/fmlachart.htm

[Khadaji]

Forgive me HH, but I can’t tell if the two questions are linked. Being sexually harassed does not fall under the FMLA. And although IANAL, I am rather doubtful that the government has excluded small companies from their sexual harassment laws.

[Otto]

@Khadaji

And although IANAL, I am rather doubtful that the government has excluded small companies from their sexual harassment laws.

AFAIK and unless things have changed recently, there is no such thing as a federal “sexual harassment law.” Title VII, among other things, makes discrimination in employment on the basis of sex illegal. The Supreme Court ruled (I’ll let someone else dig up the case law) that sexual harassment is a form of sex discrimination and is barred by Title VII. Thus, the provisions of Title VII apply to federal sexual harassment lawsuits, and that includes the minimum employee requirements.

[Cliffy]

@Khadaji

Forgive me HH, but I can’t tell if the two questions are linked. Being sexually harassed does not fall under the FMLA. And although IANAL, I am rather doubtful that the government has excluded small companies from their sexual harassment laws.

I think you might have profited from reading the thread first, since Otto already provided the appropriate information, he’s right, and you’re wrong.

–Cliffy

[Gfactor]

@Khadaji

Forgive me HH, but I can’t tell if the two questions are linked. Being sexually harassed does not fall under the FMLA. And although IANAL, I am rather doubtful that the government has excluded small companies from their sexual harassment laws.

What **Otto ** and **Cliffy ** said. Again, I will point out that state law frequently covers discrimination by employers too small to be covered by Title VII. But Oklahoma (again) is apparently not one of them.
http://www.toolkit.cch.com/text/P05_5190.asp

[ENugent]

I know you said you weren’t interested in torts, but some forms of sexual harassment would also qualify as assault under state law. It might be hard to recover against the firm, instead of the individuals, though.