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I am dealing with a workplace harrassment situation and my…

Customer Question
I am dealing with...

I am dealing with a workplace sexual harrassment situation and my employer isn't doing enough to protect me. This guy is basically stalking me at work. I'm trying to find a way to get them to act.

Lawyer's Assistant: Have you discussed this harassment issue with a manager or HR? Or with a lawyer?

My manager and HR have been involved. I havent talked to a lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I'm at will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are two separate instances of harrassment. I'm an entry-level employees, and the offenders are physicians and one was my boss.

Submitted: 3 months ago.Category: Employment Law
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Answered in 9 minutes by:
3/21/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,371
Experience: Significant experience in all areas of employment law.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question. I am very sorry to hear about this. How exactly are you being sexually harassed? Did you explain to your employer that you are suffering sexual harassment specifically, and if so what did they do? Finally, can you clarify for me what your specific question is for me here?

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Customer reply replied 3 months ago
My manager, who is a tenured physician at an academic medical center, invited me to what I thought was a business dinner, and then proceeded to make moves on me, including touching my thigh. I made it clear that I wasn't interested in this, and he continued to call me and visit my desk. HR was notified, the physician was "spoken to", but I still work with him regularly. To my knowledge no further action was taken.A second incidence is more recent, where I had a relationship a brief relationship with a four year resident. I ended the relationship, and he continued to text me and talk to me while attempting to do my job. He continues to interfere with my job. HR is aware and doing nothing except telling me to "keep them informed" if anything else happens. I have texts from this individual where he acknowledges him being a "bastard" and having "anger issues"My question is, is there anything short of actually suing that can help me get more action from my employer? Or do I even have a case?
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Thank you.

Regarding the first situation, if the harassing behavior has stopped and never became so severe to to cause you to suffer extreme emotional distress (i.e. a depression diagnosis, PTSD, counseling, medication, etc.), then you would not typically have much in the way of options because the situation has resolved and you have not suffered any lasting damage. Regarding the second situation, there can be a fine line between the natural conflict that results from the fallout of a sexual relationship and "sexual harassment." For it to be "sexual harassment," it really needs to be more than interfering with one's job. It needs to be unwelcome conduct of a sexual nature. The law does not completely insulate employees from conflict with coworkers that stems from personal relationships with those co-workers. It simply isn't possible.

I would definitely continue documenting the conduct of the resident. Certainly if the conduct becomes sexual in nature (i.e. sending you graphic sexual images, using vulgar sexual language, etc.) I would consider filing a complaint with the EEOC and having them investigate.

I hope this helps. If there is anything else I can do for you, just let me know. It's my pleasure...

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Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Can you please let me know if you were you able to view my answer?

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