Employment Law Questions? Ask an Employment Lawyer.
Dear Louisville, Kentucky:
I am very sorry that your wife has been treated this way. She has been sexually harassed.
Here is some information from the Equal Employment Opportunity Commission (EEOC) about what sexual harassment is:
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment." Here is a link to an entire EEOC page on sexual harassment: http://www.eeoc.gov/types/sexual_harassment.html.
If your wife's employer has more than 15 employees, her employer is subject to the EEOC'S jurisdiction. Here are recommendations from the EEOC on how to complain about sexual harassment: http://www.eeoc.gov/facts/fs-sex.html.
By transferring her to a different facility when she complained about this, it sounds like her employer retaliated against her as well.
An EEOC complaint needs to be filed within 180 days of the incident of sexual harassment. It sounds as if this has been ongoing; she should make sure that she contacts the EEOC and files a complaint as soon as possible.
Yes, that would also constitute assault and battery. Is your wife in a Union?
I asked because if your wife was in a Union, she would also need to file a grievance with the Union.
Please, have your wife contact the EEOC and file a complaint as soon as possible. The EEOC will give her guidance about whether or not she should file a criminal complaint as well.
Please wish her my best in dealing with this situation.
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