Sexual harassment in workplace

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Sexual harassment in workplace

I’ll try to keep this short, I started a new job back in April 2017, within 2 weeks of me starting one person would sexual harass me at work and on social media. He would make sexual comments, wanted me to send him naked pictures, we red to get a hotel room and even gone as far as saying that he wanted to stuff me in his trunk and take me away for a few days. I told my managers twice about this, first time HR said that he would be demoted and that it wasn’t a fireable offence, second time they made both of us be on a conference call with our regional manager and he denied that he ever did or said anything. That day I was so upset that I had to leave work early because I couldn’t preform. My manager told me that she would make sure that he was gone before I would go in for my shift and we wouldn’t be scheduled together. Since then, I have worked with him 3 times, which makes it very uncomfortable for me but he hasn’t said anything sexual to me. I was just wondering if I have a case, or should file with the EEOC.

Asked on November 30, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You write that "Since then . . . he hasn't said anything sexual to me." If that's the situation, you do not  have a case for sexual harassment: your employer did it's job and apparently has resolved the situation by 1) getting him to stop making the comments, and 2) apparently taking steps to reduce your contact with him. An employer is not required to fire a harasser: their responsibility is to investigate the situation and take reasonable steps to stop the harassment. That *may* require termination in some cases, but if lesser steps suffice, they do not have to terminate. So long as the harassment has stopped following intervention by the employer, there is no sexual harassment claim. 


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