A new worker, who is not even 20 years old, has been sexually harassing my employees by staring at their sexual organs. I have put hidden camera's up in different locations but we have not been able to find any quantifiable evidence supporting their claim. He only seems to do this to a few, but people have begun to gossip. I believe he may of stopped after hearing about it. I want to know a few things. How obvious and how long does this staring have to be considered quantifiable evidence? How many times do we have to catch him staring to have a case? Can my employees purposely try and make him stare by always being in his view when he works, or can he use this against us? If we catch him trying to hide this staring, can it be considered as evidence?
How do you know he is just avoiding eye contact? Why are you assuming that it is the sexual organs he is staring at? Is he an at will employee? If so, you do not need a reason to terminate his employment. Why would you ask your employees to be sexually harassed by asking them to trap him? It appears that this could lead to your liability. You need to talk to a lawyer before you do anything else that could result in liability to you.
I always think it is wise to visit with an attorney who specializes in sexual harassment cases and discuss these matters in detail and get legal advice as what would be your best course of action. Avvo website is a great place to begin your search for an attorney.
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