Should I speak with alawyer about a harassment case if I was physically touched by my boss?

UPDATED: Sep 30, 2022

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Should I speak with alawyer about a harassment case if I was physically touched by my boss?

In recent weeks, on 2 separate occasions, my assistant manager touched me on both breasts and attempted to touch me on my crotch area but I blocked her. When I told my manager she just shrugged. I have claimed medical issues because I have not wanted to go back to work there this is a very very brief synopsis of so very, very much that goes on there.

Asked on October 14, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First contact the federal EEOC or your state's civil/equal rights agency: they may be able to help you for free. Based on what you write, you may have a valid claim for illegal sex-based harassment. Touching your breasts and trying to touch your privates is clearly inappropriate, illegal behavior. Your employer does not control every moment of every employee's behavior--it often can't stop the harassment from occuring in the first place, *but* it has a duty to investigate claims and, if they seem valid, take action, up to and including firing the offender, to stop it from occuring again and create a safe workplace. The manager's failure to act can make the employer liable for the harassment.

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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