Can I sue him or my workplace for sexual harassment? 28 Answers as of April 30, 2013

A manager at my work thinks it is funny to sneak up on me and push my neck down therefore bending me over from there he dry humps me for like 15 seconds he says "I’m almost there". He does this in front of the other employees and it is embarrassing so I just laugh it off. In reality, it is really degrading and sick. I’m starting to get sick of it. I worry because I never tell him to stop because I know it will most likely get worse. He has also been working there for 16 -17 years and is very unlikely to get fired. My other manager has seen him do this and nothing has happened as a result. He is a big dude. I’m 17 and he is 33. This needs to stop.

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Law Office of Melvin Franke | Melvin Franke
See a labor/employment lawyer.
Answer Applies to: Missouri
Replied: 4/30/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Yes, you can take action, and, in my opinion, you should. The creep has to be stopped. You are likely not the first person he molests, and, if you don't do anything, there will be others. Not less important is the fact that this outrage wrecks more psychological damage that you realize now; if you don't strike back, this experience can affect you for the rest of your life. Considering that your manager is a long-time employee, and that you might want to keep this job, I would not recommend acting alone. Find an attorney who can guide you through the state system that is set up to fight this kind of abuse, and, if necessary, take your case to court. There should be an attorney in your city who would take this case without a fee or on contingency basis (meaning that your attorney would be paid only if he/she wins you some compensation). Call the local Bar Association: they should be able to refer you to such an attorney.
Answer Applies to: New York
Replied: 11/20/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Find a good lawyer. Sue the company many good causes of action. Report him and assert whistle blower status.
Answer Applies to: Tennessee
Replied: 11/20/2012
Law Offices of Mark West
Law Offices of Mark West | Mark West
You should ask him politely to stop. Then talk to his manager. Is there an employee handbook? It should reference how to submit a complaint to management (over his head). You should make the complaint in writing if he doesn't stop after the first time you tell him to stop. The company should frown upon a manager doing such a thing.
Answer Applies to: California
Replied: 11/20/2012
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
This is not a joke, it's sexual harassment and sexual assault by an adult on a minor. That's child molestation, and a very serious matter. If you were my son or daughter (you don't say whether you are a boy or a girl), it would be all I could do to keep from beating the living daylights out of this goon. Of course, two wrongs don't make a right. I'm not advocating violence by anyone. First thing you do, tell your parents. This is not just wrong, it is criminal, and your parents should know about it. (They must not know yet, I am guessing.) Let them read this if you want. Second, you can call the police on this man and report his criminal conduct exactly what I would do if I were you or your dad, and without delay. You can do it now or any time in the near future. The fact that you laughed it off at work doesn't make a difference. You have witnesses, including other managers, and you should tell the police about them, too, so they can be interviewed. Don't fear for your job. You can't be fired for blowing the whistle on criminal activity, either to the police or to the management. Third, tell this piece of st never to touch you again. If he says "What are you gonna do about it?" or something like that, just say "You'll find out if you touch me again. Leave me alone.? Never put your hands on me again. I mean it." And if he touches you again, scream bloody murder, push him away, shout for help at the top of your lungs, and call the police. Don't let him touch you again. Fourth, report this sick behavior to every manager in the company, right up to the top boss without delay. Put it in writing and make sure everyone knows what this criminal has done. Demand to be protected from him. Tell the brass that you are afraid of him, that you have feared reporting him because you figured he'd only make it worse, and anyway at least one other manager has witnessed it and has done nothing to stop it. Say that you have dreaded seeing him at work, etc. whatever facts are true about your feelings and worries. Fifth, be brave. Don't just keep quiet out of fear, or out of worry that you will look weak or be seen as not a team player or a squealer whatever. Anyone who protects this guy is helping him abuse children. How noble is that? I would be proud to squeal on someone who does that. Sixth, you could also sue him for molesting you. This is something you should talk to a personal injury attorney about, preferably one who has handled sexual harassment and molestation cases.
Answer Applies to: California
Replied: 11/16/2012
    Ludwig Law Center, Inc. | Eric S. Ludwig
    Yes. This is a very serious matter. Your employer has significant liability as the acts are a sexual battery. There is also the criminal implications of these actions.
    Answer Applies to: California
    Replied: 11/16/2012
    Sedin Begakis & Bish | Mindy Bish
    This is sexual harassment and entitles you to file a complaint and seek money for this. I would suggest that you contact a lawyer to help you. Most lawyers will take these cases on what is known as a contingency fee basis which is a fancy way of saying the lawyer does not get paid until you do.
    Answer Applies to: California
    Replied: 11/16/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If there are more than 25 employees, sexual harassment violates Federal Law. Most companies have an anti sexual harassment policy. You should find the policy, and follow the policy instructions for reporting sexual harassment. Before you do that, next time he does this, you might consider telling him to quit and that it offends you (if you haven't already done so). If you follow the policy and the company does nothing about it, you should then file a complaint with the EEOC (you can find their contact info on the internet). You might want to consider consulting an employment discrimination attorney before you do this. Ultimately, if the company does nothing and the EEOC does nothing, you can sue for harassment. Some attorneys prefer to be involved in the EEOC proceedings before they fall suit.
    Answer Applies to: South Carolina
    Replied: 11/16/2012
    Stephens Gourley & Bywater | David A. Stephens
    Yes you can.
    Answer Applies to: Nevada
    Replied: 4/30/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If you do not tell big dude to stop, if you do not conmplain to management it will not stop, the touching is in fact a crime called battery and based on the "dry humping" it might be considered sexual assault and then is probably a felony. Call the cops , report this to EEOC and the appropriate state agency.
    Answer Applies to: California
    Replied: 11/16/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You don't say whether you are male or female but it really doesn't matter. You should have and perhaps should still talk to the big boss and if it doesn't change, sue the bastards for sexual harassment. Of course they will fire you so look for a new job first.
    Answer Applies to: North Carolina
    Replied: 11/16/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should first report the matter to the federal EEOC or your local state civil rights agency to see if you have a solid basis for filing a sexual harassment charge/complaint. You should not be subjected to that type of embarrassment and humiliation from anyone, especially your manager.
    Answer Applies to: Indiana
    Replied: 11/16/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    Yes, you can sue both him and your employer for sexual harassment.
    Answer Applies to: California
    Replied: 11/16/2012
    Law Offices Of Goldy Berger
    Law Offices Of Goldy Berger | Goldy M. Berger
    Yes you have very blatant sexual harassment at the workplace. You must see a lawyer as soon as possible to discuss your rights. What he is doing to you is unacceptable.
    Answer Applies to: California
    Replied: 11/16/2012
    Pinto Coates Kyre & Bowers, PLLC | Jon Ward
    That behavior constitutes sexual harassment as well as assault. You should consult an attorney immediately. You are facing a very serious situation.
    Answer Applies to: North Carolina
    Replied: 11/16/2012
    Victor Varga | Victor Varga
    Yes, and you can also press criminal charges against him as well. And you should. That is disgusting and inappropriate behavior, especially considering the fact that you are a minor. Call the police.
    Answer Applies to: Maryland
    Replied: 11/16/2012
    Gates' Law, PLLC | Thomas E. Gates
    Report it to HR. If they do nothing, contact an attorney who handles employment law.
    Answer Applies to: Washington
    Replied: 11/16/2012
    Behren Law Firm
    Behren Law Firm | Scott Behren
    You should complain to HR or file a charge with the EEOC.
    Answer Applies to: Florida
    Replied: 11/16/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Yes, this is sexual harassment. I would complain to the guy, and I would complain to the boss. If it doesn't stop immediately, then I would speak to a lawyer who specializes in such cases. This is a "hostile work environment."
    Answer Applies to: Michigan
    Replied: 11/16/2012
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Does your company have policies and procedures regarding sexual harassment? Have you attended any training sessions conducted or sponsored by your company in this regard? You should tell your manager to stop. You should also follow your company's policies and procedures in this regard if such exists. If there are none, you should report this conduct to human resources. If you do not get a favorable response and / or if you lose your job or some other benefit as a result of reporting this, you should seek legal counsel right away.
    Answer Applies to: Georgia
    Replied: 11/16/2012
    Richard E. Damon, PC | Richard E. Damon
    This could be a good lawsuit for sexual harassment.
    Answer Applies to: California
    Replied: 11/16/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes, but have you filed a complaint with Human Resources, if you have such a department?
    Answer Applies to: Michigan
    Replied: 11/16/2012
    Deaver & Deaver, PLLC | Benjamin W. Deaver
    There are many factors in determining the existence of a sexual harassment claim. There is harassment per se, and harassment by creating a hostile and offensive work environment. You need to contact an attorney for a complete consultation.
    Answer Applies to: North Carolina
    Replied: 11/16/2012
    Frederick Lucas | Frederick Lucas
    Yes
    Answer Applies to: Michigan
    Replied: 11/16/2012
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    This is most certainly sexual harassment and you should talk to an attorney who handles such matters. Visit the Colorado Bar Association website for a referral to an Employment Law attorney: www.cobra.org. You are protected by the law - use it to put a stop to this outrageous behavior.
    Answer Applies to: Colorado
    Replied: 11/16/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You have an excellent sexual harassment case and I think you should go see an attorney right away who handles employment discrimination/sexual harassment cases.
    Answer Applies to: Florida
    Replied: 11/16/2012
    Law Offices of Hal Wright
    Law Offices of Hal Wright | Hal Wright
    That is absolutely grounds to file a sexual harassment suit against boss and company.
    Answer Applies to: California
    Replied: 11/16/2012
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