Employment Law Questions? Ask an Employment Lawyer.
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It seems that, if you have reported the ongoing problem and your employer is not taking any remedial action, you may have a viable claim for sexual harassment and the creation of a hostile work environment based upon the sexual harassment.
To establish a prima facie case for hostile work environment/ sexual harassment, you must prove the following five elements:You suffered intentional, unwanted discrimination because of his or her sex.The harassment was severe or pervasive.The harassment negatively affected the terms, conditions or privileges of your work environment.The harassment would detrimentally effect a reasonable person of the same sex.Management knew about the harassment, or should have known, and did nothing to stop it.As you see, you meet the requirements of the prima facie showing. Since your employer refuses to take any action, should begin by filing a grievance with the EEOC. See www.eeoc.gov. They will investigate and take the appropriate action. You are protected from any retaliatory action by your employer for filing a claim.You may want to consult an employment attorney, as well. If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
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