Hello again Jennifer and thank you for your reply. First, if you were touched without your permission and you did not act first, then that is still an assault, even if you were not injured. So, you can still file a police report. If you do so, that may change how the company handles the case. That said, your employer always has a full range of actions they can take, depending on contracts and policies, that although it may include termination
could also include a counseling/write up. In other words, they do not have to terminate an employee. Should they, probably. But do they have to, no.
That said, if you are being retaliated against because of your report, or you were targeted because you are a member of a protected class under employment discrimination
laws versus just because this bullying
picked you at random or because of jealously, or some non-illegal reason, then if the situation is not resolved (stops) you could file a discrimination complaint with the EEOC
. Normally, an employee would have to file a discrimination complaint with their HR or EO Office first, but, if that is where you work, that would appear to be fruitless.
If this is not though a case of unlawful discrimination and the behavior (assault) does not occur again, then legally, the employer has done all that they have to. However, if you are touched again by this employee without your permission, then you might have a suit against your employer for negligent retention
of an employee that they knew had these tendencies.
I agree that you should not have to work in a workplace like this, but if your employer is not supportive and proactive, you really only have the options that I mentioned. The only other option is to sue her in civil court for the tort of assault.
Please let me know if you need any clarification. I would be glad to assist you further if I can.