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Date: | Fri, 17 Aug 2012 12:01:52 -0400 |
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Coming from extensive experience with employment discrimination cases (litigating from both sides of the issue and also drafting prevention policies for manuals)--
A quick call to an employment discrimination plaintiff's atty for a free consult will give you an idea of what the law entails and what your options are.
It sounds as though you want a practical and fast solution. The key here is how management deals with it. In other words, what do they do when you complain. It is their duty to make sure that they take all appropriate steps to make sure that this does not happen again, and to make sure that the people involved are dealt with appropriately. I would expect that the employer, by 2012, is probably already in tune with expected practices and has an employment manual covering sexual harassment and the procedures to be taken. They are expected to immediately investigate and to have procedures in place regarding actions to be taken (such as a written reprimand, education, change of department for the person who did the harassing, or even dismissal, depending upon the circumstances). I would expect that the HR would be eager to help find ways to help restore your dignity and right the situation.
Check the manual to see what your duty is regarding reporting promptly!
We draft employment manuals so as to prevent discrimination and to reduce employer liability when rogue employees act inappropriately. Briefly, the employment manual should include an anti-discrimination policy with reporting procedures and follow-up procedures. HR needs to have done everything right to prevent the discrimination from happening and to deal with allegations swiftly and appropriately.
The first stop is the HR department, unless there is significant reason to believe that the HR department is also hostile. Also, keep a journal of everything that is happening regarding hostile work environment, and think about what remedy you would find appropriate (apology letters and anti-discrimination training, for starters).
As a practical matter, discrimination matters can travel through the EEOC and through Federal Courts and also through State Divisions of Human Rights and State Courts. The EEOC and SDHR cases have, in the past, had a history of dragging on for many years.
I hope you find this info helpful.
Not knowing further details of your case, this is not to be substituted for legal advice.
A call to a plaintiff's attorney will answer your detailed questions. Please let us know how it goes.
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