Sexual Harassment Legal Questions

This is a very tough situation. Also, it is really too complex an answer to provide here.  The short version is that you must report the sexual harassment to the shool and the school must stop the sexual harassment. There is no part of the law that requires the victim to be consulted about, or agree to, the action the school takes. Additionally, in general, one act of harassment is not sufficient to state a claim for unlawful sexual harassment although the fact that it is a video could change the analysis.  If the sexual harassment continues, or the school retaliates against the victim, then there may be a claim for unlawful retaliation.  Claims of sexual harassment or retaliation like this are processed via the Department of Education's Office of Civil Rights and must be received within 180 days of the last act of harassment or retaliation.... Read More

It depends on the situation and the facts.  If you have been told not to discuss it, or you know not to discuss it, then it would not be unlawful for the employer to fire you because it believes you have discussed the matter.  Now, if you are being terminated due to reporting the harassment in the first place, then that is unlawful if you are able to show that you were terminated due to the report only. As for the woman, I assume that this is one of the women that was sexually harassed and my answer is based on that assumption.  The law on sexual harassment is very clear.  Once the harassment reported, or the employer knew or should have known about the harassment, then the employer has an absolute reponsibility to stop the harassment.  The law does not require the employer to terminate the employee who is perpetrating the harassment.  If he gets a "slap on the wrist" and that stops his conduct, then that is all the employer needs to do about the situation.... Read More

you can file a charge with the eeoc, but preferably in such situations, there needs to be investigation into the number of employees and the acts of the persons involved.   federal and state fair housing laws can hold landlors liable when its employees violate laws, including civil rights.   you may also have the right to terminate the lease.  Consult a lawyer, have them review the facts and the lease.  You should first as in all cases, report the conduct to the upper management in writing, and see if that serves to stop the harassment before commencing with formal action.  If the harassment continues, then you may want to proceed formally and with assistance of counsel.     ... Read More

Not necessarily. More information is needed to fully understand the context of the statement and your work environment. You should contact an Ohio employment attorney who handles sexual harassment cases.   Ohio sexual harassment lawyer http://mcoffmanlegal.com/sexual-harassment-attorney-ohio-title-vii/... Read More

If this was one incident, then problably not. If this is ongoing, and is of a sexual nature, then it may be.  In general, if you are being sexually harassed by a supervisor, and the employer has a policy regarding sexual harassment, you must use that policy (i.e. do what it says like file a compaint with HR etc.) and until you do, the employer is not liable for the sexual harassment.... Read More

It sounds like you should have made a police report concerning some of the action against you. Did you do so? You should also make a claim of discrimination with the Texas Workforce Commission. You can do by following this link: http://www.twc.state.tx.us/jobseekers/how-submit-employment-discrimination-complaint... Read More

Harassment, including unwanted touching, is not unlawful in North Carolina unless it is based on race, color, sex, national origin, religion, disabilty or age 40 or older.  Therefore, the reason or the motivation for the "bothering" or "touching" is key.  As such, whether this is a pat on the back or a grab of your privates does matter.  However, if it is happening to you because of your sex (i.e. because you are female) then it generally does not matter if it is sexual in nature or not.  I recommend you speak with an experienced NC employment attorney.... Read More

Before advising you further I need you to clarify whether the attacker has been permitted to return to school or whether his presence at the school was for the one meeting you describe. Also were you or your daughter notified that he would be on campus for a meeting prior to the scheduled meeting. ...Stephan Math Esq., smesq1@aol.com... Read More

I would have to review the messages that you received from this Manager. When you say the manager partners with your boss, are you saying they are close friendsa or what specifically is their relationship?   Did this Manager have any direct or indirect management over you?   How long did you work for this company?   I would be happy to review any of the written materials that you have. You should also write a detailed chronology of the events and finally, when were you terminated?....smesq1@aol.com; Law Offices of Stephan Math... Read More

Our approach is to control the narrative from the beginning and to be proactive regarding the needs of society. We do not wait for the charges to become an indictment. We do not react. We would be acting now in your defense. Please call to discuss our approach. In the meantime, please email the timeline of events and your personal statement of what happened. edimon@cldds.com... Read More