When does behavior constitute sexual harassment?

I am a female. I’ve been bothered by a male co-worker for over 14 months. He’s been keeping following me, no matter how I changed my lunch time, off work time. Even if I go to washroom, he also follows. I feel extremely unconfortable. I’ve been keeping reporting his behavior to the company since last December, but my situation has no changes. Can I sue this guy?

Asked on July 4, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you describe sounds like it may well be sexual harassment. You could potentially take legal action against him as well as against your employer: if you have reported harassment to an employer and the employer does not take reasonable action, the employer can then be liable for sexual harassment, too. You may also wish to consider a protective order against this employee--his seemingly obsessive behavior could possible represent a threat to you of violence, as well as of harassment. You should consult with an attorney to explore your options.


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