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At work I was being harassed I inform my boss, but one day…

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At work I was...

At work I was being harassed I inform my boss, but one day she pulled the girl and into the office things got a little heated I got written up for being loud, but she didn’t. Plus this was a family matter that she brought into the work place and I deal with it for months and after the meeting we all supposed to had got written up but a couple weeks later she got promoted. What can I do when she was the cause of the whole ordeal?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

First reported to my boss and my lead and also was asking to be change to a different desk because of the harassment

Submitted: 1 month ago.Category: Employment Law
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Answered in 2 minutes by:
3/14/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,257
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You are claiming harassed, were you harassed ONLY because of your age/race/sex/disability/national origin?

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Customer reply replied 1 month ago
No, the young lady that I got into the altercation with knew me outside of the job and brought my personal business into the work place, then I start getting harassed by her and her friends
Employment Lawyer: Law Educator, Esq., Attorney replied 1 month ago

Thank you for your reply.

Unfortunately, under the law, it is only considered "unlawful harassment" if the only reason for the harassment is based on your age/race/sex/disability/national origin. Unlawful harassment is the only type of workplace harassment the employer could be sued over, since the US Supreme Court stated clearly the laws are not intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

If the one co-worker is harassing you or causing issues then you can sue her directly for the harassment and infliction of emotional distress, just like you could if she was harassing you outside of work. However, the employer is not liable, you would need to sue the young lady personally for her harassment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
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