Disciplinary action was taken against me for complain about foul words and threads.
In the meeting the supervisor again made derogatory comment such as , you neet to grow some balls and a man in you age shouldn't do crab like that. At the end of the meeting he told me i actually like you.After that he would come to my work area, go around to the back of me and poke me on the shoulder with his finger or put his hand on my shoulder and tab it. Most of the time i turned around real quick to get his hand off me.
If you feel you are being sexually harasses (which can happen with a same gender supervisor), then you have specific recourse under the law. If this is the case, you need to make a complaint to some other supervisor or manager promptly. The company has an obligation to investigate and remediate the situation. You also can make a complaint to the Department of Fair Housing and Employment--their complaint process is posted on their webpage.
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I don't see any protected class which would give rise to a claim for discrimination. As a practical matter, do you want to file a complaint where you don't have damages and make your relationship worse? You would be wise to seek a consultation with an employment attorney.
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Unwelcomed physical touching gives rise to two possible issues that should be evaluated: sexual harassment and battery.
If you do not believe the touching is sexual in nature, then the first issue is not one that can be pursued. It is not considered unlawful harassment to poke at and pat someone on the back without an intent to subject the person to the harassment because of their membership in a protected class of people, or because the person engaged in some form of legally protected conduct.
Absent a form of unlawful harassment, your other option is looking into whether you have a valuable and meritorious case for battery, which is defined as an intentional harmful or offensive contact by another. Your post does not disclose enough to know if your claim would have sufficient value to make such a claim worth taking the time, money and effort it would take to benefit from such a lawsuit.
Keep in mind that complaining about your boss is not legally protected conduct, unless what you complained about was itself unlawful. Foul words and threats are generally not unlawful. What that means is that retaliation against you for making such complaints can result in retaliation that is lawful - the boss can do it without recourse by you.
Good luck to you.
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If the touching is not sexual in nature and it hasn't caused you to suffer a physical injury, then you have no claim. But even if this were not the case, even if this were actionable, can you truly imagine yourself in front of a jury asking for money damages because you were poked in the arm? Would you take that claim seriously if you were a juror? If the touching bothers you enough, I would find a way to politely bring it up to your boss. Good luck and best wishes.
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