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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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If I was having issues with a manager daily making comments

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If I was having issues with a manager daily making comments about my body and the clothes I wear and asking me very personal questions about my body and even going as far as pulling my pants out to see my bottom would this be considered grounds for sexual harassment? Also I told the higher up manager about it and he said if it happens again let him know, so it did and I did tell him then I was fired 8 days after I told him for the seconed time. I found out he never reported it to anyone else and he told the manager it came from me. I do have one text of him asking me for a picture and also texts if him begging me not to take a text that was meant for someone else in the wrong way. I also have a girl who quit our work place for the same reason that will stand with me. Do I have a case or no?

Thank you for your question.

This would absolutely be grounds for a sexual harassment charge and you do have a case.

You will need to press your call to the EEOC and tell them that you want to file a gender discrimination charge against your employer and need an appointment with them to finalize the claim.

The EEOC claim is a required step before you can file a lawsuit for sexual harassment

Please let me know if you have further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
Customer: replied 4 years ago.
Since I have contacted them and waiting for my response, what is the likeliness of it standing in court? I mean I know I have a case but how strong is this case and with the little but if evidence I do have is it even worth the hassle?
Well, you have to go through the EEOC claim first. The EEOC must issue a "Right to Sue" letter before you can file suit for this kind of incident if you are filing it under the employment discrimination laws.

You can immediately file claims for sexual assault based on the improper touchings, but it would be a better idea to wait to file all the claims together at the same time after the EEOC has issued the right to sue letter.

Victims who win sexual harassment cases in federal court can receive the following reliefs: attorneys fees; reinstatement of promotion; compensatory and punitive damages; pay for lost wages and benefits; injunctive relief (changes in workplace policy and practice to prevent future harassment). In your case, because you haven't actually quite your job as a result of the sexual harassment, you are looking a lower amount of recovery, but its still a good case. It will be quite a hassle though and will definitely disturb your work relationships.

On the other hand, the EEOC claim may resolve everything for you and I definitely encourage you to pursue that claim. Generally, once an EEOC claim has been filed, the sexual harassment will stop and won't happen again.

Customer: replied 4 years ago.
But like I said, I told the higher up manager for the second time that this was still going on on April 3rd and then today April 11th I was fired. The reason they gave me was they decided to go another route. There was no reason behind that and I had done more then expected with my job. I do have proof I did way more. There is actually not another route even for them to take with what my job was. It was a cop out because the manager that was doing this to me and the higher up manager I had told twice about it have been very good friends for 20+ years. When I went one more step up after they fired me I became aware that it never was taken any higher then the boss I told.
Oh wait! I completely missed that you were fired. That dramatically increases your damages.

You should definitely pursue this and get a local attorney.
Customer: replied 4 years ago.
My number one question I think would be if I go back to working but at a different place will that hurt my case or the final pay out and outcome?
It will reduce the amount you would potentially win, because the damages would be your lost wages. So, lets say you are earning more than you did when you were working there, then you would only have a claim for the wages you did not receive while you were unemployed.

That being said, it is a much better plan to go back to work then to sit and hope for a potential judgment in your favor. These cases can take years to resolve and there is certainly no guarantee of winning or of getting the amount of money you think you are entitled to.
Customer: replied 4 years ago.
Yea and both times I spoke up to my manager it became hell to work there. It got so bad I couldn't even do a small part of my job. They yelled at me every hour over something most of the time it was stuff I couldn't even control so it was in no way my fault. I have never witnessed nor heard of anyone being treated as poorly as I have been! I never believed that something like this could ever effect a persons everyday life, work life, family life and at such a deep level. I don't so much feel obligated to money, I would just like my job back without them being there and also without the "being known" for this.
I think you have a good case for reinstatement, which can be ordered by the EEOC.

I know this is a devastating thing that has happened to you and I sincerely XXXXX XXXXX you pursue your rights to make this right.

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