Glendale, AZ asked in Employment Law and Sexual Harassment for Arizona

Q: Do I have a legal claim against my company?

Hello there,

I am an employee of a nursing home. I have been suxually assaulted multiple times by a resident in the home. I have brought it up to management and they laugh it off and still put me on the rotation for this resident. I have documented these incidents but it has not resolved the issue. I was wondering if I have a claim against the company?

1 Lawyer Answer
Jessica Miller
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  • Phoenix, AZ
  • Licensed in Arizona

A: Employers can be liable to you for sexual harassment by a non-employee if they "know or should have known of the conduct, and fail to take immediate and appropriate corrective action." Appropriate corrective action could include removing you from the resident's rotation, or taking other action that would discourage future offensive conduct by the resident. Whether or not the company is liable to you would depend on whether the conduct by the resident is considered "severe and pervasive" by a court. You could contact an employment lawyer or file a charge with the Equal Employment Opportunity Commission.

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