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What rights do I have against harassment from a co-worker,

Customer Question
What rights do I have...
What rights do I have against sexual harassment from a co-worker, that I have never reported and what constitutes sexual harassment?
JA: Was the work environment intimidating, hostile, or abusive?
Customer: yes
JA: Is the employment "at will," union, full time, or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: the co-worker has always made remarks to me like, hello hottie or I bet you were a real hottie when you were younger, and most of the time has addressed me by sweetheart rather than by name.
Submitted: 3 months ago.Category: Employment Law
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Answered in 1 minute by:
8/4/2017
Employment Lawyer: John, Employment Lawyer replied 3 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 3 months ago

The first thing you need to know about peer on peer or coemployee sexual harassment, is that the employer does not have liability for unless and until the employee reports harassment of the employer (usually through a manager) or the employer knew or should have known about it given the circumstances. Once the employer learns about it, the employer has a duty to investigate and remediate the harassment.

Sexual harassment generally consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

In your case if it hasn't been reported to management or management would have no way of knowing about it otherwise, I would suggest you make the report as soon as possible. An investigation should then take place and a remedy issued against the harassing employee. If this doesn't occur you then have a sexual harassment claim against the employer and can file a charge with the EEOC and file a lawsuit.

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Employment Lawyer: John, Employment Lawyer replied 3 months ago

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Employment Lawyer: John, Employment Lawyer replied 3 months ago

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