Q: I filed a sexual harassment complaint against my supervisor, and while the investigation is completed, it seems wrong.
I attempted to quietly change my schedule, as I wanted to phase myself out of my supervisors shifts due to sexually suggestive remarks. When I explained this to a store manager, he told me it was a mandatory SH complaint. As of this morning, HR concluded their investigation, and not only is he still employed, in that store, but they "cannot change his schedule without his approval", however, I am only working three days, which was voluntary in a temporary as to immediately remove myself from his presence--but those three days adversely impact my family life. I even offered to remain at three days so he could continue his four day schedule, just different days of the week. I am part time, but have worked four days since my hiring in November, and it just seems like the only person being negatively impacted by this is me....the one who was sexually harassed. I have considered filing a complaint with EEOC, but wanted to make sure I even have a case first.
A: Sexual harassment claims are very fact specific. In order to be actionable, the supervisor's harassment must be either: (i) severe; or (ii) pervasive. In other words, a single incident of inappropriate touching may meet the severe threshold. While frequent "flirty" comments about your appearance may meet the pervasive threshold. You need an offline consultation with an employment lawyer to protect the attorney client privilege. Most provide free consultations.
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