How do I know if Is there a case against my employer for harassment and/or discrimination?

I have a co-worker who caught another co-worker taking pictures of my chest/breast while standing at my desk. When I reported this to HR they said there was not enough evidence to fire him. HR has already been called on him at least one time before for doing this same thing.

Asked on September 21, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There's no way to "know" for a certainty, but based on what you write, there is reason to believe you do have a valid sexual discrimination claim
1 You reported co-worker discrimination to HR, which has declined to take action even though...
2 There are prior complaints for the same or similar acts against this same employee.
The failure to take action when there were prior complaints suggests that the company is not taking steps to deal with or respond to sexual discrimination or harassment that failure can make the company itself liable for sexual discrimination or harassment. d on what you write, you may have a claim and you have done the right thing, by filing with the EEOC.


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