Newark, NY asked in Employment Law for New York

Q: If a person is sexual harassed at work, supervisor knows, and still works with that person is there a case?

After telling supervisor about all the things other rep said, was still told to work with that person. The one who said it was mad that something was stated to the boss about said stuff. Had 3 days of that person saying sexual comments. Now hard to work with this person.

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2 Lawyer Answers
Carrie Dyer
Carrie Dyer
Answered

A: You should review your employer's handbook or policy regarding reporting incidents of sexual harassment and ensure that you are following that policy. You should also report the sexual comments, in writing, to the Human Resources department. Be sure to report all future incidents in writing as well. You should contact an employment attorney to discuss the details of your situation to determine the best course of action.

V. Jonas Urba agrees with this answer

1 user found this answer helpful

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: Ms. Dyer has provided excellent suggestions to you. Your human resources department and employment lawyers who you will hopefully contact will help you assess whether the conduct is isolated or trivial or whether it's a pattern or practice. Additionally, we also assess whether you are being subjected to retaliation which would be a separate claim.

The main reason why speaking with lawyers helps is because there needs to be an assessment of your overall workplace, history, interactions, evaluations; combined they provide a complete picture. Sometimes an employee might focus on one or two incidents possibly overlooking other issues. An experienced employment lawyer can help you determine what the next step might be? There are often several choices.

1 user found this answer helpful

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