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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20131
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My daughter accepted a job in Colorado with a bank 2 months

Customer Question

My daughter accepted a job in Colorado with a bank 2 months ago. She is on a 90 day grace period. She just found out that her boss is a registered sex offender. His name is***** His crime is described as a Deviate Sexual Assault in Missouri in 1995. He was sentanced to 2 years in prison. Since she has been working with him, he has touched her shoulder several times, told her he liked it when she walked into his office because it made his office smell nice and has asked her to introduce him to her friends My daughter is 32 and he is 51.
When she found out that he is a sex offender she contacted HR and asked them what she should do. She was told to stay home (she is on day 3 now). They will pay her for the days she is home. They are investigating what their options are. They did not seem to know that he is a sex offender. She wants to go back to work but does not want to work with this person and is afraid of retaliation. What are her options and what should she expect from the bank? Thanks for your help
Submitted: 8 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 8 months ago.

Hello,

Thank you for the information and your question. Although the employer is allowed the resolve the issue in any way they feel is appropriate, under sexual harassment/gender discrimination laws, if the behavior is not resolved or your daughter is harassed again, the employer would be liable under Title VII of the Civil Rights Act of 1964 and Colorado laws. That would mean that she could file a discrimination/sexual harassment/hostile work environment complaint with the Colorado human rights agency or the EEOC, or she could hire an attorney and file suit. Her employer (and their employees) cannot retaliate for her filing a complaint or law suit.

Just to be clear though, there is nothing in the law of discrimination/sexual harassment that states they must handle the other employee in any particular way, and sex offenders are allowed to work in our society, so there isn't one set way they must handle this other than, as mentioned, they must ensure that the harassment stops and that there is no retaliation.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

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