Legal Question in Sexual Harassment in Indiana

management harassment

I work upstairs in a lounge at a hotel, and asked the head of our dish department to have some one bring up dishes i would need. He said he would and later he showed up with the dishes. I went about my business cleaning up, and he took me by the hands and asked me if i needed anything else. I told him a bus tub, and he pulled me up to him really close and put his arms around my waste, leaned in and tried to kiss me. I told him to stop and turned my head trying to push him away, he then kissed my neck, and i told no and shoved him away. He then acted like nothing happened and said he would bring the tub back up. I reported this to H.R. and they talked to him and he said nothing happened. They haven't taken any action. I don't feel safe at work anymore. I get nervous when i have to go to the floor he works on. I have run into him a few times and almost have panic attacks. What can i do?


Asked on 10/18/06, 10:32 am

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

Re: management harassment

Your claim is sexual harrassment but also has a sexual battery element to it as well. You should write up your complaint and make sure your employer gets a written report of the event as well as the concerns you have. Keep a copy of your report and ask that their copy be placed in your file.

Part of your problem at this point appears to be that it is a "she said, he said" matter and thus, the employer cannot make a judgment as to whether or not it happened. However, if there have been other complaints about this individual, that has a bearing on the case. You could file a criminal complaint with the police about the matter. Not sure where it would go but they would at least talk to him, which might intimidate him enough to leave you alone. It sends a message that you will not tolerate such behavior and will report his actions.

At this point, I don't think (without knowing more facts) that you have any claim w/the EEOC against the employer. But that does not mean you should not complain to the employer. And it may be that you'll ultimately make a complaint with the EEOC (do it through the local Indiana Civil Rights office w/in 300 days).

At least you've made a record and that is important and can be vital if ever a second incident occurs with yourself or even with another employee.

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Answered on 10/18/06, 9:26 pm


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