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Is it confidential? I think I would prefer a voice

Is it confidential? Lawyer's...

Is it confidential?

Lawyer's Assistant: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Employment Lawyer and then gets published with the answer to help others with similar problems.

I think I would prefer a voice conversation I feel weird about putting it in writing but thank you anyways.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

I have a phone meeting with HR tomorrow. I have told a couple people with whom I work and some friends.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

It's at will, large corporation. I have an hourly position.

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

Is the lawyer a woman?

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Answered in 1 minute by:
3/18/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,279
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
I experienced a sexually hostile incident at work with a coworker who engaged in self arousal next to me during a session. I have a meeting with HR tomorrow and would like advice on what to expect.

I'm sorry to hear about that. So, I noticed that you said that you would prefer a voice conversation. Before I continue, I believe the system is going to ask you if you would like a phone call so you're welcome to click accept and we can speak ASAP.

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Customer reply replied 1 month ago
I'll stay on the app for now. Thanks.

No problem.

Ok, so what is likely to happen is that HR is probably going to ask you for specific details of what happened. The big thing they are going to want to determine is whether this person was arousing themselves with or without your acceptance and without your noticing. The reason is because if this behavior was consensual in any way, then they are likely only going to punish the employee for engaging in lewd behavior in the workplace. If they did it knowing you were nearby and could see what they were doing, then HR will probably move forward with a serious reprimand for engaging in workplace behavior that is in violation of the Civil Rights Act which bars sexual harassment and discrimination.

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Could you tell me whether this person knew you could see what they were doing?

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Customer reply replied 1 month ago
I pretended I didn't notice and then when I could hear that he was audibly experiencing pleasure I jumped up and walked out of the conference room. I walked around looking for someone to ground me but was at a hotel meeting room and didn't see anyone I know so I sat down in a chair to collect myself and figure out what to do. Then he came out of the room. I looked at him and said 'that was very inappropriate' and he acted as though he didn't understand. There is a bit of a language barrier I should mention. So I repeated myself sternly and I said 'I don't know what you mean'. So I said forget it. He went back inside and I did also shortly after. He continued the rocking motion for the next two hours but did not engage in the touching after that I don't think. I pretended everything was normal to get through the rest of the meeting and then I called the onsite session leader that afternoon and she reported to HR.

I'm sorry to hear about that. So, it is likely that HR is just going to want to hear your side of the story; however, if this continues on even just one more time, you could go back to them and tell them that this to me sounds like you would have a case of employment discrimination on the basis of a sexually discriminatory and harassing workplace, which is prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Can I request that he is reprimanded for lewd behavior?
Customer reply replied 1 month ago
I won't be working with him going forward. This was a multi department orientation. But I don't want him to do that to anyone else.

You can certainly request that; however, they're the only ones that have the power to do that. Having him not work with you going forward is probably going to be the best remedy to you personally, but if this behavior continues and causes another person (male or female) discomfort, then you (and anyone else) can bring a complaint through the EEOC for a harassing workplace.

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Customer reply replied 1 month ago
Ok thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle, Lawyer
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Experience: Licensed to practice before state and federal court
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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