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sexual harrassment case

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Mike1074

Junior Member
What is the name of your state? Florida
My girlfriend was put into several uncomfortable situations with her (new) former boss. (separate wrongful termination case) Per our conversations, she stated to me that he asked her to show him her boob and to have sex with him on numerous occasions. He told her that no one would have to know and that she wouldn't be jeopordizing her job. He promised her that she wouldn't lose her job if she said yes or no. She also told me that his demeanor changed when another co-worker walked into the room just after one of the incidents. He primarily made comments to her when no one was around. Unfortunately her job required her to go back and forth between the corporate office and his home (temporary office during construction). Because this took place at his home and with no witnesses, does she have a case?
 
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cbg

I'm a Northern Girl
If you're asking me to tell you whether or not she's guaranteed a win, sorry, my crystal ball is out being recalibrated.

There is nothing stopping her from filing a complaint with the EEOC.
 

Mike1074

Junior Member
Well I wasn't asking if she was going to win the case. I was just wanting an opinion on if this sounds like a valid case. That is all! I don't want to have her go and start the process and find out that there was NO violation of her rights. So does it sound like her rights have been violated from the information provided earlier?
 

mitousmom

Member
Did she tell him that the sexual conversations made her uncomfortable and he needed to stop? The federal EEO laws don't prohibit sexual conversations in the work place. They prohibit unwelcome sexual conversations and unwelcome conduct of a sexual nature. If she never told him that she considered his comments unwelcome, her rights haven't been violated.
 

Mike1074

Junior Member
Well thank you for replying. After her boss asked her those things she kinda blew it off at which time he did ask her if he was making her feel un-comfortable which she told him YES. Her boss has done this numerous times, and each time she has told him that it makes her un-comfortable.
 

Beth3

Senior Member
So she already has an active wrongful termination case? Can you briefly explain what that's all about?

As far as the SH that occured, yes, what she experienced definitely fit the bill. Whether she has a viable SH claim to make depends on how much time has passed and in part whether she ever reported his behavior to HR or someone in senior management. If sufficient time has passed, then the statute of limitations may have tolled and she can no longer file a SH complaint. If she's still within the time limit, then her credability may come into question because she never told anyone about it.

There is undoubtedly a considerable amount of information that would have to be examined to advise you GF whether she has a viable claim to make. She really should consult with her attorney, particularly as it appears she already has one.
 

Mike1074

Junior Member
Thank you for replying. My girlfriend couldn't report anything to anybody because her boss that sexualy harassed her is the owner of the company, so there is NOBODY above him. The sexual harassment issuses is only at the most 2-3 weeks old.
 

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