What to do about sexual harassment iat work?

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What to do about sexual harassment iat work?

Harassed by retiring executive, included touching and comments. He admitted to all aspects but was not disciplined; he was just moved offices away from the employee. employee feels this is not sufficient. If this is still a hostile workplace, can this be taken further in legal proceedings?

Asked on March 12, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, if harassment is still ongoing and the action taken by the company was insufficient or ineffective, the employee could take legal action. A company response which is just pretextual, which sends the message that harassment is condoned, which does not resolve the problem, etc. does  not preclude the harassed employee from taking action. She may also be entitled to compensation for the harassment which she had endured, even if it has finally been remediated. It would be worthwhile for the employee to consult with an employment law attorney to discuss the situation and her options in detail. What matters is whether, from the perspective of the average "reasonable" person, the company's response was adequate--if it was, then even if this employee herself feels it was not good enough, there probably is no liability. Experienced counsel, who also also has no emotional stake, can help evaluate the situation from an informed and more objective perspective.


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