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Outside of the Workplace Sexual Harassment

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krobbins

Junior Member
What is the name of your state (only U.S. law)? North Carolina

If a coworker tried to physically force me into having sex with him multiple times outside of the workplace, can I file a sexual harassment claim at work?
 


commentator

Senior Member
Just a quick interjection here....multiple times??? In other words, you allowed yourself to get in a situation with this person outside the workplace more than one time where he tried to force you to have sex with him, and you did nothing, and got in the situation again where he tried to force you to have sex with him, etc. Makes the story sound a little weirder. I'm never in favor of not reporting and filing and complaining about any form of sexual harassment, but this isn't coming through clearly.

Have you had any problems with this person in the workplace? Is there anything going on that the employer should be aware of? Is the coworker clearly aware that you do not find these advances appropriate? Why, really, haven't you called the police and filed charges against him for assaulting you in this off the job situation?
 

krobbins

Junior Member
When I said multiple times, I meant in the same night at a place that I could not leave. I haven't called the police because intercourse never occurred and I was not sure what to do. Hence, the reason I am here. I'm very young and don't have experience to know what to do in these kinds of situations.
 

krobbins

Junior Member
4 days ago. I went to my employer 3 days ago and didn't tell them any specifics except that I wanted to file a claim for something that happened outside of work. They didn't know what to do but called the owner to find out and haven't heard back. But they believe there is nothing that can be done at work.
 

Silverplum

Senior Member
When I said multiple times, I meant in the same night at a place that I could not leave. I haven't called the police because intercourse never occurred and I was not sure what to do. Hence, the reason I am here. I'm very young and don't have experience to know what to do in these kinds of situations.
I'm not trying to hassle you, but I'm trying to figure out what place you "could not leave."
 

cbg

I'm a Northern Girl
And I'm wondering how you can expect the employer to know what they can do about something that happened at work, let alone outside work, if you won't tell them any specifics.
 

krobbins

Junior Member
I am willing to give my employer more information but they told me not to at the time and that they would address it down the line if they were able to do anything about something that happened outside of the workplace. The general manager is gone for seven weeks so it was a relatively new manager and she called the owner and has not heard back from him on what to do. I was at a friend from works, she picked me up so I had no vehicle there and then was drinking because I was planning to stay with her which I've done many times. (I don't know if this is relevant, but I was not drinking.) And she invited over some guys from work. The guys ended up staying over which I wasn't aware was going to happen. After everyone was asleep one of the guys tried to physically force me into sleeping with him and I made it clear I didn't want that and was able to push him off. Then bed start at it again. Every time I tried to get up to wake some one up he would push me down and make it so I couldn't get off the couch. Eventually he fell asleep and I left the room and slept in a room with someone else. I'm only 18 and the guy is older and married with a child and has been to prison. Even though it did not happen in the work place, I'm uncomfortable at work and want to file against him.
 

CdwJava

Senior Member
I wouldn't think that the employer could do anything unless this guy also takes some action to make you uncomfortable in the work place. Does this guy work in close proximity to you? Is he a supervisor? Has he said or done anything while AT work that might make you feel uncomfortable?

Unfortunately, actions taken outside of work and not at a work-related activity are not generally going to be something the employer can address absent a nexus to the job.

It sounds as if you should either choose your "friends" more carefully, or get a much better idea of the plans for the evening before you strand yourself at an acquaintance's home.
 

krobbins

Junior Member
He is not my supervisor but I do work in close proximity to him.

As far as the friends thing goes, I understand that now and I've distanced myself from the people who put me in that situation, but ultimately I can't do anything to change what happened. I was just looking for advice on what to do moving forward.

I also figured there was nothing I could do at work but wanted a second opinion from someone more knowledgeable on the subject.
 

CdwJava

Senior Member
About all you can do moving forward is be more careful who you associate with away from work (which should be a given - especially if you are young and female), and, in the event that this lout takes any actions that are disruptive or offensive, you should report it to to a supervisor immediately. You may find that he is similarly embarrassed by the events of that night and will do little or nothing to intentionally remind you of the events of that night.
 

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