Can I filed a sexual harassment case against my girlfriend's co-worker?

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1. Licensed in CA

   

   Marilynn Spencer

   San Diego Employment / Labor Attorney

   Contributor Level 20

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   Answered September 03, 2012 17:26. The co-worker sounds like a jerk, but it does not sound like he is sexually harassing your girlfriend, unless "feed me" has a meaning that I am unaware of. And if there is any sexual harassment claim to be made, your girlfriend can file it as she is victim; you have no legal standing (reason) to file.
   
   Unlawful harassment is a form of discrimination. To be unlawful, the harassment must be must be based on a protected category, such as race, sex, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity, or indication of stereotyping. Harassment can also include offensive gestures, sexually suggestive eye contact or looks, mimicking the employee in an insulting way, and derogatory or graphic posters, cartoons or drawings.
   
   Harassment is unlawful when the conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive.
   
   Unless there is more than your question reveals, your girlfriend MIGHT be able to report the co-worker for workplace bullying or acting against company rules. She can contact human resources to discuss this.
   
   I suggest you take no action against this co-worker to avoid him having a claim against you,

   *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. *** less

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2. Licensed in CA

   

   Steven Sweat

   Beverly Hills Personal Injury Lawyer

   Contributor Level 19

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   Answered September 03, 2012 18:12. Don't resort to "self help"! The statements, as you describe them, don't necessarily give rise to a claim either. What she should do is make a written complaint to Human Resources and request that they investigate these incidents and take appropriate actions. If the conduct stops, enough said. If not, she should seek legal advice at that time.

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3. 

   Edward Sweeney

   Downingtown Employment / Labor Attorney

   Contributor Level 13

   2

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   Answered September 03, 2012 17:50. Does "feed me" have a sexual connotation that I am unaware of? If it does, you can file an Equal Employment Opportunity Commission complaint or one under any state discrimination law that exists. This is a first step to a lawsuit. The federal or state discrimination agency is tasked with investigating the complaint of discrimination. There are time limits for filing which need to be carefully adhered to. I agree violence will help no one.

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4. 

   Kevin MadisonPro

   Austin Sexual Harassment Attorney

   Contributor Level 17

   

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   Answered September 03, 2012 17:19. There are a lot of facts that are unclear. I assume you are male? Is co-worker male or female. What does "feed me" mean? I do not see sexual innuendo from that statement. You ask if YOU can file sexual harassment. Are you employed at the same company where your girlfriend works? Contact a sexual harassment attorney right away.

   If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... moreIf this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/ less

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