My boss touched me on my buttocks twice within a 3-4 week timeframe. I didnt report him bcz I was afraid of what would happen to my position and I also didnt want to go through the drama and hassles involved in situations like this, I also did not want to get HIM into trouble and cause him to lose his job. However, after the 2nd time he touched me, I confronted him and he apologized but I felt uncomfortable being around him after that and I reported him. I've since been taken off of my job working for him and I am working elsewhere within the firm, they are handling him (I dont know what's going on yet but he's received calls and things ARE going on right now as I type this question). What I want to know is, do I have a sexual harassment case regardless of whether the firm is doing their part or do I have to wait to see whether he's fired or resigns, what are my options, what happens in cases like this and what options do I have? Do I do a lawsuit anyway?
2007-07-24 03:26:50 · 8 answers · asked by Lala 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Erin, while most of the responders are well meaning, the information can not be relied on to make your final decision --mine included. Consult with an attorney to determine what your next step should be.
You DO have a sexual harassment case. Probably not enough for a lawsuit. Here's why:
Your supervisor's actions were absolutely sexual harassment.
The company took immediate action by moving you.
Their actions will likely be interpreted by the court as reasonable. In order for any lawsuit to be successful, you have to demonstrate the 'harm' you suffered as a result of the harasser's actions AND the employer's inability/unwillingness to respond to your complaints. You still have a job and earn a salary.
The company's HR office is likely investigating your complaint and unfortunately, it is very possible that you won't be told what type of personnel action will be taken against him.
I have seen cases where the 'victim' secured an attorney and negotiated a monetary settlement in lieu of a lawsuit. This is only successful if/when the alleged harasser has a history of such behavior and/or the company is motivated to minimize their liability.
Options: If it were me, I would seek legal advice.
Good luck.
2007-07-24 04:42:52 · answer #1 · answered by ken erestu 6 · 0⤊ 0⤋
I wasn't going to answer because I don't really know legally what you are supposed to do . But after I read the first response I felt that I should tell you that it took alot of courage to stand up to someone in a higher position. Many women do not report these types of occasions and good for you that you did! Yes, it is very awkward but stand your ground and do not let HR bully you around. I would contact your local police station to see if you can just fill out a report so it is documented somewhere else besides your office. The police should be able to point you in the right direction. Dont worry about the first writer, besides just look at his picture, would you take advise seriously from someone like that anyway???
2007-07-24 03:41:13 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Think twice before filing a sexual harassment lawsuit. While it sounds as though you have a case, filing such a lawsuit may well terminate your position (eventually) for 'other reasons', and may make it extremely difficult to gain employment elsewhere.
I know that's NOT fair, but we must live with reality, and not with what we consider 'fair and right'.
2007-07-24 03:38:46 · answer #3 · answered by acermill 7 · 0⤊ 1⤋
I agree with JPants83, that you were very brave to have confronted your superior. Your action seems to be heading in the right direction, and I would seriously think before taking any further action, unless you are disadvantaged in some way. Think where you want to go with this, and why.
2007-07-24 03:49:10 · answer #4 · answered by AndrewG 7 · 0⤊ 1⤋
You weren't adversely affected by the company's move. No decrease in salary, benefits, or hours, so you do not have a case for a lawsuit against the company.
2007-07-27 17:17:18 · answer #5 · answered by je094 3 · 0⤊ 1⤋
YES you have a case....the mere fact that you were immed. moved upon complaining is your FIRM's admission of guilt on his behalf....If you would like to know your FULL LIST of options I suggest you contact your local EEOC office and go from there. You don't have to give them any information that could identify you or him just explain what happened and listen to the response...
I hope this helps!
2007-07-24 03:37:56 · answer #6 · answered by Shundrn C 1 · 0⤊ 2⤋
lol, dont even sound like harrasment to me, you let him touch you up several times before you told him to stop, you stupic, and then when you told him to stop he apologized. BUT you felt so bad about it you had to tell on him anyway, stop fooling yourself, you know what you did and what you will do, you hungry like 90% of america is, you wont stop till you destroy him, hopefully you will get some money out of it but i doubt it, just know what comes around goes around, did you tell him you dont even dig guys
2007-07-24 03:35:14 · answer #7 · answered by MACK 3 · 0⤊ 2⤋
I don't think you do as the company took steps to stop it once they found out, like transferring you and disciplining him.
You weren't hurt, and the company didn't tolerate it. Move on.
2007-07-24 05:16:39 · answer #8 · answered by Anonymous · 0⤊ 1⤋