Can a supervisor just ignore a sexual harassment claim?

I am in retail management for a nation wide chain and I recently reported an incident of an employee grabbing his crotch area at me after being asked to do something he viewed as "female work". My manager informed me that this person just had a weird sense of humor and left it at that. After about 3 weeks of me asking him to take care of it he tells me he "spoke" to him but did not mention if any corrective action was taken. He still continued to work us on the same shifts and there were no efforts made to talk to the other employee present or follow up with me about my claim.The employee is now gone from the company but not for this reason. Should I report this to a higher manager (district manager) although I really don't want to get my manager into trouble?

Springfield, TN -

Attorney Answers (2)

Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
Answered

Your manager was not required to report back to you about any corrective action that was taken. Nor was your employer required to terminate, transfer, or otherwise act against the employee you complained about. A sexual harassment complaint is not like a lawsuit where you have expectations of some tangible benefit being delivered to you. The s.h. complaint is a necessary predicate to a subsequent legal claim based on repeated and pervasive similar acts. The fact that this employee is now gone is a legally sufficient result here. You do not have a sound claim against your employer or supervisor based on the facts that you have summarized here.

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Kevin Rindler Madison

Kevin Rindler Madison

Sexual Harassment Attorney - Lakeway, TX
Answered

If the problem employee is gone I would not do anything to make your manager look bad because it will just cause you trouble later. Let it be would be my advice.

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