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The Female Employer May Sue For Emotional Distress

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The female employer may sue for emotional distress. Prior to suing, she must show that she filed with the federal or state EEOC. Depending on her state, she may also be required to file with her local Fair Employment Practices Agency (FEPA). The female employer could file a Workers ' Compensation claim. In the Supreme Court of Virginia. Ms Butler filed a workman 's comp claim, Butler v. Southern States Coop. Inc., __ Va. __, 620 S.E.2d 768 (Nov. 4, 2005), stating among other things, her employer was responsible for the emotional distress when a co-worker grabbed her and tried to kiss her while conducting business duties. However Ms. Butler lost her case, with the courts stating the workers ' compensation law does not cover distress, due to sexual harassment. Workers ' Compensation is a law that compensates employees when they are injured while working. A company with three employees are less are usually exempt. The employee does not have to prove it was the fault of the employer to receive the compensation. In workers ' comp claims, the employer is not able to use contributory negligence, assumption of risk, and the fellow-servant rule to their defense. Also, the injury has to be work-related. Even if the accusation of sexual harassment could not be proven, the company would not have been liable for Marwan 's actions. Marwan was of a “seniority” position, which exempts Studio Five from liability regarding sexual harassment. Had Marwan been a non-supervisory

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