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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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