Suing Small Employers (Under 15 Employees) for Sexual Harassment in Alabama: State Tort Alternatives
If your Alabama employer has fewer than 15 employees, federal Title VII laws do not protect you from sexual harassment. However, you can still sue your harasser and potentially your employer using Alabama state tort claims like assault, battery, or invasion of privacy.
Sexual harassment is devastating no matter where you work. But for employees in Alabama working at small businesses-like a local diner in Auburn, a small boutique in Tuscaloosa, or a family-owned dental clinic in Huntsville-seeking justice presents a unique legal hurdle. Federal law contains a major loophole that leaves many small-business employees feeling unprotected. Understanding how to navigate around this loophole is essential to holding your harasser accountable. A local attorney from our Alabama directory can help you determine the best path forward.
The Title VII Exemption and What It Means
The primary law used to fight workplace sexual harassment in the United States is Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(b). However, this statute explicitly defines an "employer" as a person engaged in an industry affecting commerce who has 15 or more employees. If your company has 14 or fewer employees, they are immune to Title VII discrimination lawsuits. Furthermore, because Alabama does not have a state-level equivalent to Title VII for private employers, you cannot simply file a state discrimination claim.
This means you cannot use the U.S. Equal Employment Opportunity Commission (EEOC) process. Instead, your lawyer will need to file a lawsuit directly in a state court, such as the Jefferson County Circuit Court, Birmingham or the Mobile County Circuit Court, Mobile, utilizing Alabama state tort laws as a workaround.
Alabama State Tort Alternatives
A "tort" is simply a wrongful act that causes injury or harm to another person, for which courts can impose civil liability. When a coworker or boss sexually harasses you, their behavior often crosses the line into these state-recognized civil wrongs.
Assault and Battery Claims
In Alabama, if sexual harassment involves unwanted physical touching-such as grabbing, hugging, kissing, or rubbing-it may constitute the tort of battery. If the harasser made you fear that you were about to be touched offensively, that is assault. Under Ala. Code § 6-2-34(1), claims for assault and battery carry a six-year statute of limitations. In contrast, other related torts-such as invasion of privacy, the tort of outrage, and negligent supervision or retention-fall under the general two-year statute of limitations in Ala. Code § 6-2-38(l).
Crucially, you may be able to hold the small business owner financially responsible for the employee's battery if the employer knew about the conduct and did nothing to stop it. This legal principle was solidified in the precedent Ex parte Atmore Community Hospital, 719 So. 2d 1190 (AL Supreme Court 1998), where the Alabama Supreme Court recognized that an employer can be held liable for retaining an employee known to commit assault and battery.
Invasion of Privacy
Sexual harassment often involves aggressive prying into your personal life. Under Alabama law, the tort of "invasion of privacy" includes the wrongful intrusion into one's private activities in such a manner as to outrage or cause mental suffering, shame, or humiliation to a person of ordinary sensibilities. If a boss at a small company repeatedly demands sexual favors, asks sexually explicit questions about your private life, or peeps into a restroom or changing area, this behavior can be classified as an actionable invasion of privacy.
The Tort of Outrage (Intentional Infliction of Emotional Distress)
The tort of outrage is a claim that the harasser's behavior was so extreme that it intentionally inflicted severe emotional distress. The standard for winning this claim in Alabama is exceptionally high. As established in American Road Service Co. v. Inmon, 394 So. 2d 361 (AL Supreme Court 1980), the conduct must be "so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency."
While courts have historically reserved this tort for only the most egregious conduct, cases involving severe, relentless sexual harassment, especially when combined with threats of retaliation or physical violence, have successfully met this standard. Because this is so difficult to prove, your attorney will likely layer this claim alongside assault and invasion of privacy.
How Much Does it Cost to Sue in Alabama?
Most employees who have been harassed do not have thousands of dollars to pay a lawyer upfront. Fortunately, Alabama personal injury and employment lawyers typically handle state tort claims on a contingency fee basis. This means the attorney takes a percentage of the final settlement or court award (usually between 33% and 40%). If you lose the case, you generally do not owe the attorney for their time, though you might be responsible for minor court filing fees, which are around $300 to $400 depending on the county circuit court.
Frequently Asked Questions (FAQ)
Can I be fired for suing my boss at a small company?
Alabama is an at-will employment state, and smaller employers (under 15 employees) are not subject to Title VII retaliation protections. However, firing you for filing an assault or battery claim could open them up to further civil damages, though it is a legally complex area.
How long do I have to file a state tort claim in Alabama?
It depends on the claim. Under Ala. Code § 6-2-34(1), you have six years from the date of the incident to file a lawsuit for assault and battery. However, companion claims like invasion of privacy, the tort of outrage, and negligent supervision or retention have a two-year statute of limitations under Ala. Code § 6-2-38(l).
Do I need to file with the EEOC first for a state tort?
No. If your employer has fewer than 15 employees, the EEOC has no jurisdiction over them. You bypass the EEOC entirely and file directly in state court.
Can I sue the harasser personally?
Yes. In state tort claims, you generally sue the individual harasser directly for their actions, and you may also sue the company if they were negligent in supervising or retaining the harasser.
What kind of damages can I recover?
You can seek compensatory damages for emotional distress, lost wages if you were forced to quit, and potentially punitive damages to punish the harasser for malicious conduct.
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