How do I know if Is there a case against my employer for harassment and/or discrimination?

UPDATED: Sep 29, 2022

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How do I know if Is there a case against my employer for harassment and/or discrimination?

I have a co-worker who caught another co-worker taking pictures of my chest/breast while standing at my desk. When I reported this to HR they said there was not enough evidence to fire him. HR has already been called on him at least one time before for doing this same thing.

Asked on September 21, 2015 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There's no way to "know" for a certainty, but based on what you write, there is reason to believe you do have a valid sexual discrimination claim
1 You reported co-worker discrimination to HR, which has declined to take action even though...
2 There are prior complaints for the same or similar acts against this same employee.
The failure to take action when there were prior complaints suggests that the company is not taking steps to deal with or respond to sexual discrimination or harassment that failure can make the company itself liable for sexual discrimination or harassment. d on what you write, you may have a claim and you have done the right thing, by filing with the EEOC.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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