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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19176
Experience:  Employment/Labor Law Litigation
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I was sexually harassed and assaulted by a co worker,

Customer Question

I was sexually harassed and assaulted by a co worker, charges are pending. When I notified the employer of the coworkers actions, I was terminated. What is my legal recourse?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

If the employer has at least 15 employees, you should contact the EEOC in your state and allege a gender discrimination retaliation claim against the employer. That entity is a federal entity tasked with investigating and preserving for suit claims of discrimination. It is not only illegal to discriminate, but also to retaliate against someone for making a complaint of sexual harassment.

Now, the employer can try to allege another basis for the termination and they need to be able to establish a non-discriminatory reason that is not related to your report, but that's the burden on them.

If your employer is smaller than 15 employees, you legally wouldn't have a recourse in your state. Some states pass laws that would be applicable to employers of any size, but your state chose to follow the federal example and only have their anti-discrimination law apply to employers of 15 employees or more.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.