Any uninvited touching can result in civil and criminal liability for assault. In a civil case you sue for money damages and in criminal cases you ask the court to take away someone's freedom. As a practical matter, you might want to seriously consider whether you want to go down either or both of these routes, though. The value of any civil case is not likely to be much unless there was a serious permanent injury. Criminal cases have a higher standard of proof and require that you prove he had a criminal intent. Because of that, I would suspect your chances of winning may not be as great. You may want to consult with a criminal lawyer or district attorney as to their advice on that, though. The bottom line is that you will have to continue working under this person, unless you can request a transfer, and so you may want to leave the situation as it is. You have reported it and his superiors are aware of the problem. If it happens again, you will be able to show the Employer was on notice, which could possibly open it up to a claim for punishment damages.
Answered on Jan 15th, 2013 at 1:01 PM