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sexually harassed at work

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  • sexually harassed at work

    First time not sure what I am doing,My wife was sexually harassed at work by the man she supported (she is a admin.assist.) ,he would walk up behind her and rub his crouch on her elbow and has put his hands on her.She complained to her boss several times, he would also scream and yell at her she was eventually moved to another area but since she has been singled out and discreminated against,examples she was told she could not use a cell phone when other employees around her stay on their cell phones most of the day,and she was told she could not use the internet when everyone else in the office use the internet with no problem,she has to have permission to leave her desk when no one else does,and the list goes on and on.She has written documentation with times and dates.She talked to a lawyer and he told her there was nothing she could do unless she was fired and she had no witnesses.This was not the first time this man has done this because a women knew she worked for this man and he came up behind her while standing in line and rubbed himself on her. We live in Texas and would like to get some idea what if anything could be done.Or what should be done.She is scared that she would loose her job if she says anything else.

  • #2
    Discrimination

    This is one terrible manager. Of course, she does not need to be fired in order to get assistance.

    As you know, retaliation is illegal under anti-discrimination laws. However, she is in a quandry. She coule file a claim but without some sort of supporting proof, chances are that the manager will get away with it. And, despite the prohibition, he could retaliate in ways that are hard for someone else to identify. She could go to the HR Department. There may be other claims against him. However, she needs to feel comfortable with their competency. A good HR person knows that they should keep the complaintant confidential as much as possible. However, those without training may not understand that.

    She needs to weigh the pros and cons of the situation. While the traditional response is for her to report the incident, there are some pitfalls. She may wish to look for another position.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Crotch-rubbing?! That is sexual assault, not just workplace harrassment! File a police report!

      What have you got to lose?

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      • #4
        Wait for him in the Parking lot and rub him out!

        Comment


        • #5
          She talked to a lawyer and he told her there was nothing she could do unless she was fired and she had no witnesses. That is some BAD legal advice and not at all accurate.

          I strongly suggest your wife consult with another attorney and this time it should a lawyer who specializes in employment law.

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          • #6
            also consider talking to osha. it may be considered a risk factor for employee mental health, which osha is beginning to look at. you really should not be looking at this as a mild problem such as civil lawyers handle, but as a criminal problem that stronger aithorities can help with.

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            • #7
              OSHA is not a factor with sexual discrimiation complaints. The EEOC, however, is.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                This is not a sexual discrimination complaint. It is a criminal assault complaint.

                If it were "sexual discrimination", that would mean it is ok to rub yuour croth on somebody as long as you rub it on everybody!

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                • #9
                  That's utterly nonsense. It would mean nothing of the kind.

                  Whether you like it or not, this is a sexual harassment complaint which means that the Federal regulatory agency is the EEOC, not OSHA.

                  If you disagree, I suggest that you contact OSHA yourself and see what they say.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    It's both.
                    (but not osha)
                    The place to start is to build your case. You mentioned that there was another woman that this happened to? Will she talk to the eeoc?
                    write a letter stating you do not like touching of any kind, for him and HR.
                    If he touches you again, especially in inappropriate places, call the police. Even if the charges don't stand, you'll have a paper trail.
                    I used to state out loud "if you come any closer, I will view it as a threat."
                    This usually stops people in their tracks.
                    oh yeah, check with state laws about tape recording conversations. Some states this is legal as long as you are part of the conversation. But don't rely on tape recordings. They are not fool-proof. They can turn out jumbled or not pick up anything at all. Sometimes other things on the tape can be turned around against you, also.

                    Comment

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