Suing for Sexual Harassment When Your Mississippi Employer Has Fewer Than 15 Employees
Federal law only protects employees at companies with 15 or more workers. Because Mississippi lacks a state anti-discrimination law, employees at small businesses must use state tort claims, like civil battery or emotional distress, to sue for sexual harassment.
The Challenge of Small Business Harassment in Mississippi
If you work for a large corporation in Hattiesburg or Tupelo, you are protected from sexual harassment by federal civil rights laws. However, if you work at a small, family-owned restaurant or a local boutique with only 10 employees, you face a major legal roadblock. Under 42 U.S.C. § 2000e(b), Title VII only applies to employers who have 15 or more employees. Furthermore, unlike almost every other state in the nation, Mississippi does not have a state-level Fair Employment Practices Act to protect workers at smaller companies.
This means you generally cannot sue a small employer for 'sexual harassment' under standard employment discrimination laws. But this does not mean you are powerless. Mississippi law allows victims to file lawsuits using common law 'torts'-personal injury claims adapted for the workplace. If you are a victim of a toxic workplace at a small business, our US Lawyer Directory can help you find a local attorney skilled in Mississippi state tort litigation.
Step-by-Step Guide to Using State Tort Claims
Instead of filing with the EEOC, lawsuits against small Mississippi employers are filed directly in state courts, such as the Hinds County Circuit Court, Jackson or the Harrison County Circuit Court, Gulfport.
Step 1: Claiming Civil Assault & Battery
If the harassment involved unwanted physical touching, grabbing, or cornering, you do not need an employment statute to sue-you can sue for Civil Assault and Battery. In Mississippi, battery is the intentional, unpermitted touching of another person. Assault is the threat or attempt that puts you in fear of that touching. If a manager touches you inappropriately, your attorney can file a civil lawsuit for these intentional torts against both the manager personally and the company.
Step 2: Intentional Infliction of Emotional Distress (IIED)
If the harassment was strictly verbal but incredibly severe, you may be able to sue for Intentional Infliction of Emotional Distress (IIED). Mississippi courts require the behavior to be 'so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency.' In employment contexts, cases like Speed v. Scott, 787 So. 2d 626 (MS Supreme Court 2001) demonstrate that severe workplace harassment can meet this high bar, allowing you to recover damages for severe mental anguish.
Step 3: Negligent Retention of a Harassing Manager
How do you make the company pay when a rogue manager is the one harassing you? You use the legal theory of Negligent Retention. If the small business owner in Meridian or Southaven knew (or should have known) that their manager had a history of harassing employees but did nothing to fire or discipline them, the company can be held directly liable for your injuries. This shifts the financial responsibility from the individual harasser to the business itself.
Step 4: Filing Your Lawsuit Before the Deadline
State torts have strict deadlines, known as the statute of limitations. Under Miss. Code Ann. § 15-1-35, you only have exactly 1 year to file a lawsuit for intentional torts like assault, battery, or intentional infliction of emotional distress. To initiate the case, your attorney will draft a formal complaint and file it along with a Form AOC-01, Mississippi, Administrative Office of Courts, Civil Case Filing Form at your local county courthouse.
How Much Does it Cost in Mississippi?
Filing a state tort lawsuit has different financial structures than federal EEOC claims:
- Court Filing Fees: Filing a civil lawsuit in a Mississippi Circuit Court generally costs between $150 and $200 depending on the specific county.
- Process Server Fees: Having a sheriff or private server physically hand the lawsuit papers to the harasser and the business owner will cost around $50 to $100.
- Lawyer Fees: Most attorneys handle these cases on a contingency fee basis, taking 33% to 40% of the final settlement. If you must pay hourly for a complex tort defense, expect rates of $250 to $450 per hour.
How Long Does the Process Take?
Because you are bypassing the EEOC entirely, your lawyer can file the lawsuit almost immediately. However, civil litigation in Mississippi state courts is a lengthy process. Gathering witness depositions, requesting company emails, and waiting for a spot on the judge's trial calendar generally takes 12 to 24 months. Many of these cases are settled in mediation before ever reaching a jury.
Frequently Asked Questions (FAQ)
Does the 1-year deadline start from the first or last time I was touched?
For civil battery, the 1-year statute of limitations generally begins on the exact date the offensive touching occurred. If you were touched multiple times over several years, you might only be able to sue for the specific incidents that occurred within the past 365 days.
Can I sue the harasser personally?
Yes. Under state tort laws like assault and battery, you can sue the individual who harassed you directly, in addition to suing the company for allowing it to happen.
Do independent contractors count toward the 15-employee Title VII minimum?
Generally, no. Federal courts use an 'economic realities' test to determine who is an employee. True independent contractors (1099 workers) usually do not count toward the 15-employee threshold required for federal Title VII protection.
Can I get punitive damages in a state tort claim?
Yes. If the harasser's behavior was malicious, intentional, or showed a reckless disregard for your safety, a Mississippi jury may award punitive damages designed to punish the wrongdoer and deter future misconduct.
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