a co-worker was touching me,fondling me,etc and tried to kiss me
Ms. Spencer has, as always, provided a thorough, sound and comprehensive answer to the question. The key in what she wrote, however, is that the advances were unwanted -- and clearly so.
It is sometimes the case that co-workers who have been in a relationship have difficulties and one employee, acting out of hurt and disappointment or anger, makes charges of sexual harassment to the employer. This almost always back-fires badly. You haven't provided any facts that suggest that this is the case, and if this is not the case in your situation, then just disregard this comment. But it is a common enough occurrence to bear a caution for those who find themselves in the circumstance of a co-worker relationship gone bad.
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By the way, can you possibly not realize this as an adult in the workplace?
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Employment / Labor Attorney
Yes, it is illegal sexual harassment, as long as these advances were unwanted. Don't put up with this and don't remain silent. Tell the co-worker in clear, specific terms you do not welcome the advances. Put that statement in writing and give it to the co-worker. Keep a copy for yourself. Tell human resources or management what happened and give HR/management a copy of the letter you gave your coworker. If the employer does not make it stop immediately, you should speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
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