The female employee may file a lawsuit for harassment, but as the plaintiff, she must show that she was harassed based on a protected class characteristic and that the unwelcome harassment resulted in altered working conditions and created a hostile environment warranting a liability for the employer. The employee can seek remedy under the Title VII of the Civil Rights Act. Though it does not talk about harassment, courts recognize that such harassment is discriminatory. The employee who wishes to file a lawsuit for sexual harassment must prove that she was subjected to sexual harassment because of her sex. The female employee has become the subject of gossip because of rumors being spread by her co-worker.
From being a mere personal problem, it becomes sexual harassment when the harassed employee is no longer able to tolerate the hostile environment. In Billings v Southwest Allen County School Corp, the plaintiff was a woman bus driver for the middle school and elementary school students and was being gossiped about for nearly 24 months by her several co-bus drivers as if she was having affairs with other bus drivers. The first time, HR responded, saying this was not sexual harassment but a personal disagreement. Finally, she was terminated, citing some other reason, but obviously, it was to retaliate.
The bus driver challenged her dismissal and was granted relief. Title VII of the Civil Rights Act 1964 also can be invoked for sexual harassment. The female employee of the instant case must show that hers is the case of either quid pro quo sexual harassment or hostile work environment sexual harassment. She must demonstrate that she belongs to a “protected class” and that she is being subjected to unsolicited sexual behavior. She should also state that the harassment was based on sex, and the said harassment interfered with her work performance and created a hostile working condition.