# Is there a size limit on FMLA and Sexual Harassment suits? **URL:** \ **Category:** Factual Questions\ **Created:** [June 29, 2006, 2:33pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634 "2006-06-29T14:33:01Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![handsomeharry](https://avatars.discourse-cdn.com/v4/letter/h/e9c0ed/32.png) [@handsomeharry](https://boards.straightdope.com/u/handsomeharry)\ **Post date:** [June 29, 2006, 2:33pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/1 "2006-06-29T14:33:01Z")
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 ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 29, 2006, 3:18pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/2 "2006-06-29T15:18:38Z")
Under [FMLA](http://www.dol.gov/esa/regs/statutes/whd/fmla.htm): > [@](#): > > (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](http://www.eeoc.gov/policy/vii.html): > [@](#): > > 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. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 29, 2006, 3:23pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/3 "2006-06-29T15:23:16Z")
The above information was found in less than 20 seconds. ---
**Author:** ![handsomeharry](https://avatars.discourse-cdn.com/v4/letter/h/e9c0ed/32.png) [@handsomeharry](https://boards.straightdope.com/u/handsomeharry)\ **Post date:** [June 29, 2006, 3:27pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/4 "2006-06-29T15:27:26Z")
[QUOTE=Otto] The above information was found in less than 20 seconds. [/QUOTE] Well, sure, by somebody that knows what they’re doing!!! 😉 Thanks, hh ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [June 29, 2006, 3:50pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/5 "2006-06-29T15:50:36Z")
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](http://www.ncsl.org/programs/employ/fmlachart.htm) ---
**Author:** ![Khadaji](https://avatars.discourse-cdn.com/v4/letter/k/9e8a1a/32.png) [@Khadaji](https://boards.straightdope.com/u/Khadaji)\ **Post date:** [June 29, 2006, 4:07pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/6 "2006-06-29T16:07:40Z")
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. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 29, 2006, 4:49pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/7 "2006-06-29T16:49:48Z")
[QUOTE=Khadaji] And although IANAL, I am rather doubtful that the government has excluded small companies from their sexual harassment laws. [/QUOTE] 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. ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [June 29, 2006, 5:21pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/8 "2006-06-29T17:21:34Z")
[QUOTE=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. [/QUOTE] 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 ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [June 29, 2006, 5:35pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/9 "2006-06-29T17:35:20Z")
[QUOTE=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. [/QUOTE] 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](http://www.toolkit.cch.com/text/P05_5190.asp) ---
**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\ **Post date:** [June 29, 2006, 6:01pm UTC](https://boards.straightdope.com/t/is-there-a-size-limit-on-fmla-and-sexual-harassment-suits/362634/10 "2006-06-29T18:01:26Z")
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.