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Old 10-07-2009, 07:52 PM
  # 7 (permalink)  
outtolunch
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Join Date: Feb 2008
Location: Chicago area
Posts: 4,269
The employer is liable if they knew of the problem and did nothing to stop it.

The onus is on the employer to prove they exercised " reasonable care" to prevent or correct the harassment. This does not necessarily mean firing the offensive person.

Any reduction is hours is not going to help the employer's case. Is this a small business or a national chain? The laws are the same, regardless.

Megan needs to maintain a spiral notebook, in chronological date order, with any pertinate notes with no missing pages. It would be dandy if the hearsay about what this manager said could be documented and signed by the wittness. Otherwise, it's just noise.

Be aware that contrary to popular opinion, federal law does not require employers to provide breaks for rest or meals. Assuming Megan is working in state, your state has no requirements for meals or rest periods for employees 18, or over. Some unions have however, bargained for mandatory rest periods which may be the source of some misinformation when applied to different work situations.

Suggest that Megan stop eating breadsticks. It matters.
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