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Do I have a valid sexual harassment claim?

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kristin2

Junior Member
What is the name of your state? Illinois

In December, my direct supervisor (and an Attorney) forcibly kissed me in a cab. The driver of the cab heard me say "stop, you are my boss". He eventually stopped and I got out of the cab as soon as possible. I was very uncomfortable around him for the next few days and he constantly kept inquiring as to why. Finally, I broke down and told him it was due to the kisses. He became very rude and condescending and said that he would have had the decency to not ever discuss it. He made me feel so awful that I just left his office and did not tell anyone. The next nine months were a living hell for me at work because of this boss. I eventually went to a doctor for anti-anxiety medication due to the stress from working with him. In addition, I had a few unexplained seizures during that time that I am now told could be traced to the stress from the incident. A few months ago a new woman was hired as an assistant for both of us. Incidentally, she was making more money than me! Last week, I was "laid-off" supposedly because there is not enough work for me. However, the assistant who makes more money is still employed. I truly feel that I was discriminated against by my boss after I resisted his advancements and that it was a contribution to me being "laid-off". I am angry and emotionally hurt due to my bosses advancements and the way he subsequently treated me. I want to know if I can still pursue any legal action now that I am no longer employed and since it has been almost ten months? I believe I can find out the name of the cab driver if I need a witness. What should I do?
 


ecmst12

Senior Member
Was there only one incident of misconduct that happened outside of work? Did you ever report the incident to HR through their sexual harassment policy?
 

mitousmom

Member
How many employees were there? How long did you work for the boss before the cab incident? Why were you two in a cab? Had either of you been drinking? One incident of unwelcome sexual behavior usually isn't sufficient to rise to the level of illegal sexual harassment, although forcibly kissing you may be sufficiently egregious. That may depend upon the circumstances. However, the facts you presented don't show that the objectionable sexual behavior continued once you made it clear that his attention wasn't welcome. That makes it unlikely that the one incident would be considered illegal sexual harassment.

Did you complain to anyone about the "rude and condescending behavior" and his "making you feel awful for the next nine months?" And, you continued to "suffer this treatment" until you were laid off?

Assuming your employer is covered by the federal and state anti-discrimination laws, you can file an administrative complaint alleging that you were retaliated against for rejecting your employer's advance. But, unless you can establish that your boss kissed you and his behavior towards changed after you objected, it's going to be difficult to connect the kissing incident to your lay-off.
 

kristin2

Junior Member
I obviously did not handle the situation correctly

Unfortunately, I did not report it to anyone. It was only one day, but twice during the cab ride (which also was after our company Christmas Party, another unfortunate fact). He was trashed - but he did acknowledge the incident a few days later when I finally broke down and told him why I was acting different toward him.

The reason we were in a cab together is because we both live in the same part of the city and we worked in the suburbs, therefore, it seemed natural to share a car service back into the city - but it was a 45 minute ride.

I know that not reporting it was a total mistake now - I was just afraid and I thought that I had done something wrong to provoke the incident. I wish I had been stronger at the time. I did write everything down in a spiral bound notebook, if that makes any difference.

His behavior did TOTALLY and OBVIOUSLY change after the incident, though. People in the office noticed it. In fact, the woman that was recently hired as our assistant commented privately to me a many times that I was not being given the respect that I deserved by my boss and openly questioned me as to why I was being treated this way and why I was taking it. Of course, I made another unfortunate mistake by not telling her the real reason I was being treated so unfairly by my boss and said "I don't know".

I didn't want to accept that I had been abused by my boss and didn't handle anything correctly. I am a highly educated woman and this was my dream job - however, with being in school for so long I am just now starting my career and this was my first real "career job". I didn't want to be "that girl" who claims a sexual harassment suit at the beginning of her career and have it stigmatize my reputation for years to come. So I tried to pretend for a while that it didn't happen - which was detrimental to my mental health. Also, he made me feel so awful and guilty that I thought I NEEDED to let it rest. I realize this is not the way to handle the situation now, and like I said, I wish I had been stronger and more confident in my rights.

UGH!!!!!!!!!!! I made too many mistakes and now most likely it sounds like he will get away with this abuse. I am meeting with the owner of the company tomorrow afternoon to let him know why I will not sign the separation agreement which states I have no issues with the company. For my own self esteem at this point, I will not sign that document. Whether I can legally pursue something or not, I still want to leave with what little of my self respect I have left. However, I will not get any severance pay without signing that document.

I thank you all for taking the time to give me advice and will try to let you all know what the owner of the company says after I meet with him.
 

janimal

Member
"Abuse"? A drunk man trying to give a woman a kiss after a party is not abuse. It might have been inappropriate, but hardly qualifies as abuse.

Sign the document, get the severance they offer, get a new job, and if someone is inappropriate again, remember this lesson and report it to HR right away, and don't lie to anyone about it.

Best of luck to you.
 

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