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Questions about Sexual Abuse at Work

Sexual abuse at work is a topic that can be uncomfortable for most to talk about openly. That is why many cases of sexual harassment at the workplace or even households go un-reported as the victims suffer silently rather than face embarrassment. Today, not only women but even men face sexual abuse at the workplace and one feels awkward discussing the same even with their closest confidants. Getting answers to questions about your legal rights when faced with sexual abuse is possible when you ask an Employment Lawyer on JustAnswer. Moreover, the expert lawyers can help you understand the different sexual abuse laws and even help you combat gender harassment. Here are some of the instances where people got solutions to their queries with the help of answers from Experts on JustAnswer.

In Iowa if a 16 year old faces sexual abuse from a 24 year old co-worker, what can you do if the minor has had consensual sex with the person while she was 15?

According to the laws in Iowa, even if a minor (up to the age of 15) had consensual sex with an adult, it could be treated as a case of third degree sexual harassment, because the Iowa Code’s Section 709.4 states that a person can be charged with Sexual Abuse of the third degree under the following circumstance:

The victim of sexual abuse is aged between fourteen to fifteen years and any of the following conditions hold true:
a. The victim and the accused are both members of the same household.
b. The accused is holding a position of authority over the victim and he/she makes use of this authority in order to coerce the victim to submit.
c. The accused is older than the victim by five or more years.

This means that you can consider pressing criminal charges against the person in question.

She can report continued harassment to her employer and also state that the person is abusing others at work besides her as well (if that is the case). If the employer takes no action, then even the employer can be held liable for the actions and words of the abusive employee who creates any form of “hostile environment” at the workplace.

Also, if the employer fails to take cognizance of the issue at this point, you can file a formal complaint with the United States Equal Employment Opportunity Commission (EEOC). If you have further questions on what your rights are and what action you can take, ask an Employment Lawyer on JustAnswer to answer your questions about sexual abuse laws and gender harassment in the workplace.

In Alabama, if I am being sued for sexual harassment by a former employee and I no longer work for the company, can I be held liable and am I obligated to cooperate with the investigation?

In such a situation you would normally have a valid defense against the complaint. Also, if the charges against you are substantiated, it can be your employer who would be held vicariously liable for your actions. Also, most of the courts in Alabama reject the theory that the liability of such acts can be on individual supervisors on a personal basis for any sexual abuse at your workplaces. If you have any other questions about sexual harassment at workplace or sexual abuse laws, do ask Employment Lawyers on JustAnswer.

I have been demoted based on an accusation of sexual abuse by a co-worker's fiancée. Things said in jest, were taken out of context and were complained about six weeks later. What are my liabilities, if any?

As per the law, even comments made in jest can usually be acted upon. There may not be much that can be done in this case if it can be proved that the comments were actually made and were abusive in nature. Although your colleague may have laughed it off, and you may not have meant what you said, it may not protect you from the law. Your demotion and/or termination by your employer suggests that they are acting on the complaint because if they failed to take action, they would be held equally responsible under EEOC rules.

Your best recourse under the circumstances may be to hire an attorney as that will help you deal with any future complaints.

My husband was accused of sexual harassment and fired without a chance to defend himself. His former boss wouldn't even tell him what he'd been accused of or when it supposedly happened. Is this legal?

If your husband works in an “at will” employment state without an agreement that prevents him from being terminated without cause, and if he isn’t a member of an employee union, he may have no legal right to continued employment. His employer can usually terminate his services for no reason in an “at will” employment state. This could explain why he did not get any chance to defend himself. If you have any follow up questions about your rights and sex abuse laws, feel to ask an Employment Lawyer on JustAnswer.

What can be done if repeated complaints of sexual abuse at workplace made to employers are not acted upon?

Generally, if an employer does not act upon a sex abuse complaint that he or she has received, the complainant can approach the local Equal Employment Opportunities Office (EOCC) and file a grievance with respect to the same. Also, one should file in all the evidence that he or she has with the EOCC.

There are two possibilities that may arise due to this. Firstly, if the EOCC finds fault, they may choose to investigate this case themselves. Secondly, in case they cannot do so they may issue a formal “right to sue letter” to your husband which will let him sue his employer directly by hiring an attorney for the same. All this will also depend upon your state sex abuse laws and how gender harassment at workplace is looked upon by the state he is employed in.

One often faces difficulties when he or she is subjected to sex abuse and gender harassment at the workplace. There can even be instances when the complaints filed are not entirely true. People can ask an Employment Lawyer on JustAnswer and get replies quickly and in an affordable manner. Getting answers and legal opinions on sex abuse laws, gender harassment at the workplace and other issues is now possible with JustAnswer.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
4 Employment Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Sexual Abuse Questions

  • Hello. At work last Sunday a co-worker pushed me into a closet

    Hello. At work last Sunday a co-worker pushed me into a closet and attempted to rape me, I was lucky enough to be able to fight him off and escape. He did not penetrate me. He left the premisses immediately following the attack. I followed protocol and reported it to supervisors and police. Have filled protective orders and called local Rape Crisis Center. During the investigation it came out that he had produced a knife and threatened another female employee about an hour before he attacked me. She looked up toward the camera and he walked away laughing about just kidding around. Work by the way is a Juvenille Residential treatment facility with 12-18 year old boys and girls owned by Sheppard-Pratt Health Systems. I have just found out that he was terminated because of the knife and police are most likely pursuing charges based on the knife incident because it was on camera and his attempted rape of me was not. It has also been opened up that there have been several other reports of abuse against women that this man has gotten away with, six months ago there was even a report of sexual abuse filed by one of the female residents at our facility, but during the investigation she recanted and it was dropped. There was enough of a threat that the company did sanction him saying that he could not be near any female resident. I want to know why they allowed him to work around us. I have filed countless reports this whole week retold this to at least 10 different law enforcement or management personel including the VP of HR for our company, and no one has yet to take a picture of the bruises on my hips from where he pushed me into a counter so hard as he bent me over and held me there. I have not been offered any type of paid time off or work mans comp. I tried to work last night but after about three hours i just couldn't be there. So here is my question I guess, This person was hired even though there were allegations in his past or he acquired them in his time there, I feel like this never would have happened to me if he wouldn't have been allowed to remain employed there. What are the corporations liabilities in this. I haven't even gotten a phone call to see if i'm okay.
  • My daughter is in the process of taking on some youth volunteers

    My daughter is in the process of taking on some youth volunteers to work as mentors in a number of schools The mentors are under going studies at colleges/university and wanted to do so volunteer work. One of the criterias for acceptance is that they must have CRB checks. On going through them she has 3 candidates who have been given police cautions for damage to property; one was reprimanded and one was in a fight(GBH).These incidents happened during their late teens in 2005 and 2009. They were recommended by the colleges they attend and no new incidents have been reported. One of them have recently done some youth work. Would it be o.k for them to be given the go ahead to work as mentors on a one to one basis with the children in the schools?She would be monitoring their progress and the mentoring will be caried out during school term and with group visits to places of interet, There are no record of physicl or sexual abuse.
  • I was fired the day after revealing that I was a childhood

    I was fired the day after revealing that I was a childhood sexual abuse victim. They are claiming that they fired me for attendance, but I was never given any written warnings and was assured that day that my job was not in jepordy. Is this discrimination?
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