Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Hi. My 22 year old son, who is in college, is constantly being harassed at work because of his sexual preference. The manager and employees are constantly making remarks about gay people to him in front of other employees, and in front of customers. He was assaulted at work while he was outside, and it came out in court that he was assaulted because he’s gay. He has complained to store management about the harassment, but nothing is being done. He’s ready to quit his job because the work environment has become hostile and stressful. Please advise. We live in South Carolina.”
The laws regarding hostile work environments, and sexual harassment (both of which it sounds like your son is being subjected to) vary widely from state to state, and also intersect and overlap with, and sometimes run counter to, Federal laws regarding the same.
So, the very best thing that we can tell you to do is to consult – ASAP – with a South Carolina labor attorney. You may want to ask them whether your son can quit under the theory of “constructive discharge”, which basically means he *had* to quit because the conditions were so awful that they forced him into quitting.
