A few years ago I worked for a company that had some scumballs. Long story short, one of my managers made sexual comments towards me (like being with me for a night). Another guy that I knew pretty well grabbed my crotch when no one was around. I just recently decided to tell someone about it.
Do I have a case at all? It's a bit too late to do anything about it, but just wondering.
2007-06-29 19:46:52 · 12 answers · asked by PlasticTrees 2 in Politics & Government ➔ Law & Ethics
I had a lot of attention put on me because of my outstanding work, and I was also a 19 y/o with a chest. The men were in their early 30s w/families.
2007-06-29 19:50:09 · update #1
You have sexual harassment and sexual assault for the grabbing (you should at least have gone to H.R. department to get the guy fired).
Now it might be too late, some crimes might have prescribed and probably those scumball are probably gone long time ago also any witness that might have been helpful. You can still check with a lawyer or women's rights organization on your area to find out if is not too late. But at this point maybe it will be emotionally better not to look back, and move on.
Next time, always talk to your supervisors, or human resourses deprtment, union about any harrasmet or sexual request from people like that. If that doesn't work then you can sue them for allowing it.
Anyone touching your body in asexual manner without your consent is called and asault and you can file a police report; no need to think about it, just call the cops if any one grab you like that.
Sexual harassment is ilegal and the Federal laws forbid it in any work place.
2007-06-29 20:21:52 · answer #1 · answered by ? 7 · 0⤊ 0⤋
Tthe statute of limitations on a sexual harassment claim is 180 days. You must first file your claim either with the EEOC or with your state or local equivalent. If you file with the state or local equivalent, the EEOC extends its statute of limitations to 300 days. You may, if you like, file with both the EEOC and the state or local equivalent.
Because you said 'a few years ago' I can only assume you have long since expired the Statute of Limitations. So, regardless of the level of proof you may have, you do not have standing to bring a lawsuit.
Also, although there are provisions in case law to extend the statute of limitations, your own words show that you do not fall within these provisions.
"I just recently decided to tell someone about it..." does not rise to the requirements listed in the Ninth Circuit for extending the SOL.
The Ninth Circuit Court of Appeals reversed the dismissal of a case that involved both hostile environment and quid pro quo sexual harassment on the basis that the severe psychological damage the plaintiff had suffered prevented her from filing a claim on time. (Stoll v. Runyon, No. 97-17398, 1999 WL 12998 (9th Cir. 1999).)
2007-06-30 09:16:50 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
Your answer would depend on a few things:
1. How long ago did it happen and what is the statute of limitations in your state for a civil action for assault and battery?
2. Can you prove your case? If not, you will be wasting your time and energy.
3. Did you solicit the behavior through your own behavior?
4. If you are claiming sexual harassment, how many employees worked at the business?
5. If you are seeking criminal charges of assault and battery, I do not believe any prosecutor would try a case this old.
2007-06-30 02:55:57 · answer #3 · answered by http://www.wrightlawnv.com 4 · 2⤊ 1⤋
Time is not the problem here. The problem is that as you said: "when no one was around". That makes its a "he said/she said" case, and unless he willing admits to grabbing you, you wouldn't have a case. There would be no evidence to prove he actually did assault you. As for your managers comments... if know one heard him make sexually harassing comments to you, it would be the same problem. In future if something like these 2 incidents happen again, let a superior know right away. No one deserves to be treated in an inappropriate manner period, but it's up to you to take action and not just let it go for a while.
2007-06-30 03:02:30 · answer #4 · answered by Kyle C 3 · 0⤊ 1⤋
Sexual assault against the individuals, maybe, depending on what state, and how many years is a few years. Workplace sexual harassment, no. This case seems like a stretch. What kind of proof do you have other than your word?
2007-06-30 04:42:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You may have a case, but, I think you left it too long to get any real justice. If you provide witness's or any proof and are willing to go through a stressful and exhaustive court battle.
The predators will make you out to be the instigator and you could loose the case.
I feel for you, but, at this point, I don't like your chances.
2007-06-30 02:58:10 · answer #6 · answered by Hoosyadaddy 3 · 0⤊ 1⤋
Nope. You can't substantiate your claim with any proof at all. You will lose unless you can produce some evidence. Also, you are probably past the statute of limitations.
2007-06-30 02:57:42 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋
Yes. You 100% do. It isnt really sexual assualt. But it is Sexual harrasment. Which is almost as bad. You should report it its not good to keep it in cuase it will keep happening to other people and it might affect you in the long run.
2007-06-30 03:09:35 · answer #8 · answered by Anonymous · 0⤊ 1⤋
You said it was a few years ago, you might have a statute of limitation problem.
2007-06-30 19:36:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I'm not sure if you could call is assault, but for sure there's sexual harassment there.
2007-06-30 02:54:45 · answer #10 · answered by Krista 3 · 0⤊ 1⤋