Q: If I reported sexual harassment to my HR and she sent me back to the office to work with him can I sue for distress?
I live in California. I reported him and had video proof of him taking up skirt photos of me. instead of sending me to a separate room or home she sent me back to office where we were only a few feet apart. I hid under my desk because I was afraid to face him and wasn’t sure if HR was going to speak with him right away or not.
The answer to your question depends on what happened after you were sent back to work in the same room. If no further harassment occurred, there is likely no violation of the law. The employer does not have to transfer or terminate an employee accused of harassment if the employer can prevent further harassment from occurring.
Now, if this employee engages in any form of retaliation or further harassment, immediately report it to HR. If they then fail to take all reasonable measures to protect you from further harassment, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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