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

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?


Under FMLA:

Under Title VII:

The above information was found in less than 20 seconds.

Well, sure, by somebody that knows what they’re doing!!! :wink:

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

Apparently, Oklahoma law does not with respect to medical leave.

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.

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.

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.


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.

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.