Can I file a lawsuit if I was touched by a co-worker who has a disability?

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Can I file a lawsuit if I was touched by a co-worker who has a disability?

I work at a fast food restaurant and we have an employee that has a disability. In the beginning I didn’t pay any attention to detail but yesterday April 4, 2018 he blocked me from entering the building and I as I mentioned before didn’t pay any attention to the situation because he likes hugs went along with the usual routine but unfortunately after he reached out for a hug he grabbed my breast. When I use the word

Asked on April 5, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF this happens again after you told the manager about what occured, you may have a legal claim for illegal sexual harassment. Whether he has a disability or not, he has no right to touch you inappropriately. The employer cannot, of course, stop the first incident, since they don't know whether or when it will occur; but after you report unwanted attention or touching, they have an obligation under the law to take reasonable steps to prevent a recurrence (e.g. monitor him more closely and let him know he will be terminated if he does this again; transfer him to an area where he works only with males; fire him if necessary; etc.). If they fail or refuse to even try to take reasonable action, they can make them liable for sexual harassment. In that case, you could contact the EEOC about filing a claim.


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