Yes, you should definitely consult with an employment attorney. It sounds like you have a potential harassment case. However, this wouldn't be an appropriate forum to discuss the specific details of your case.
I would suggest that you consult with an attorney about your legal rights. You should do this either in person or on the phone and provide further details about exactly what this person has been doing and what has or hasn't been done about it. If it has gotten to the point that you don't feel you can work there anymore, you may be able to negotiate a severance agreement with the company. Feel free to call my office if you would like further information. 310-623-3771.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
When you feel you are being harassed, the first step is to see what your employer's written policies are as to whom you are to report the harassment. There may be more than one person identified in the policy, so that you have an option other than the boss who is not investigating or taking remedial action. Whenever possible, you want to follow the company's guidelines for reporting such incidents.
Failing that, the head of human resources is usually a safe bet. You need to get your complaint into the hands of someone with authority for these matters other than the person who appears not to have any intention of investigating because they are covering for a friend.
Your complaint should be in writing, and you should keep a copy of that writing. Otherwise, you run the risk that the person to whom you report the misconduct remembers your complaint differently or has amnesia that you made a complaint at all.
There are time deadlines for these types of claims and they are not lengthy ones. So if you intend to take legal action, you need to file a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") and/or your corresponding state agency as soon as possible. Before doing so I strongly encourage you to seek the advice of an attorney in your jurisdiction.
This response is merely a general discussion of an issue based on the information provided. It is not intended as legal advice and does not form an attorney-client relationship. You are encouraged to seek out an attorney of your choosing in your local jurisdiction, and to discuss your legal issue with that attorney.
Your boss had a duty to put a stop to your coworker’s inappropriate behavior. You must take action immediately. Contact an attorney to discuss your options.
Disclaimer: the above answer should not be considered, and does not constitute, legal advice. You should not rely on this answer because each case is fact specific and could be subject to different local, state, and federal laws. My response does not create an attorney-client relationship between us.
Maryam S. Karson, Esq.
Employment Law, Immigration Law, Civil Litigation & Appeals
The Karson Law Firm
4151 Middlefield Road
Palo Alto, CA 94303