UPDATED: Oct 1, 2022
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My boss will come up behind me and
grab my wait or try to tickle me.
He will also come up behind me and
put his arm around me. Then one
morning he called me before I was
supposed to be at work, he asked
if I had left the house yet. I
told him no I was getting ready.
He said did I catch you naked,
then laughed and said who he was.
Is there anything I can do or is
it his word against mine? If it’s
his word against mine will
anything be done unless I can get
Asked on November 10, 2017 under Employment Labor Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Legally, unwanted touching or uninvited sexual comments are illegal workplace discrimination. You could file a complaint against him. There is no formal legal need for other proof (e.g. recordings, photos, text or email admissions or statements, corroborating testimony from other employees), though certainly other proof helps; still, in the absence of other proof, it can proceed on a your word vs. his basis, and while technically, the burden of proof would be on you, as the complainant or plaintiff, that burden is so slight (basically, intead of it being 50-50, think of it as you have to be 50.1% or more believable, and him 49.9% or less--i.e. you have to be just fractionally or slightly more credible) that it almost comes down simply to who is more credible, and if you are more credible, you could win. You therefore may wish to contact the federal EEOC about possibly filing a complaint.
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