QUESTION

harrasment work place

Asked on Jan 09th, 2013 on Discrimination - Utah
More details to this question:
I have been harassed in the work place for 4 years. Bullied, Religious discrimination. Sexually harrased verbally and physically by my boss. 2 years ago I told HR that he physically touched me and he has been sending me bad text messages. He was reprimanded and I thought my company was a no tolerance company. He has pulled me aside since and said he knew it was me. I feel like I can't trust HR now. He has slapped me in the privates multiple times and he has done it in front of my other manager What should I do? How can I get out of this terrible environment?
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1 ANSWER

Civil Litigation Attorney serving Salt Lake City, UT at Kesselring Law, PLLC
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As you know, sexual harassment in the workplace is an extremely serious issue.  Employers that fail to properly address it can often be held liable.  When it is a supervisor that is doing the harassment, and then retaliates against you for making the complaint, he is very clearly breaking the law. The applicable federal law in a case like this is the Civil Rights Act, which makes discrimination and harassment based on religion or sex illegal.  Before you can go to court for discrimination, you absolutely must file a charge of harassment with the Equal Employment Opportunity Commission.  Their staff will investigate the situation and attempt to reach a resolution.  If they cannot, which is true in most case, then the employee will get a Right to Sue Letter.  The timeline for filing a lawsuit after getting the letter is very strict.  You should also be aware that your employer and boss can in no way retaliate against you for filing a charge. There may be other legal options available to you.  Anyone that touches another person without permission, especially if the touching is harmful or offensive, can be held liable for assault and/or emotional distress.  Damages for such claims can include lost wages, medical bills, counseling costs, pain and suffering, and punitive damages.  As always, the wisdom of bringing this kind of lawsuit depends on many things, including the ability of the defendant to pay a judgment. Nothing in this answer is intended to be legal advice, which would require a thorough understanding of the circumstances in your particular case.  If you need further assistance, you should seek a consultation with a qualified attorney.
Answered on Feb 05th, 2013 at 12:11 PM

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