Q: Can I sue my employer for ignoring residents' harassment and abuse?
I am a healthcare employee and have reported incidents of sexual harassment, verbal threats, and physical abuse from residents over the past six months. Although I have submitted written reports and have witnesses to these incidents, management has taken no action. When I refuse to work with these residents, I am met with hostility and told I should leave if I won't work with them. Can I sue my employer for failing to address this situation?
A: You likely have a claim for not protecting you from sexual harassment in your job and a potential claim for retaliation. Since you state that management is not responsive, you may need to escalate this above HR in writing to senior management or even the owners of the company. You should consult with an employment attorney to make sure your next complaint hits all the right notes.
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A: If you're personally a victim of sexual harassment, it seems likely you could be able to sue for that on the grounds of creating a hostile work environment. If you're being retaliated against for pointing out the harassment, once again, you could potentially sue for the employer creating a hostile work environment. The best thing to do is thoroughly document the exchanges, and consult with a lawyer before making a decision like quitting. If you're fired, you may have grounds for wrongful termination.
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