Legal Question in Discrimination Law in Arizona
sexual harrassment
is it legal for me to sue an apt. complex that i lived at? the former maintenance man touched my breast, and was talking very vulgar. the management team fired him within five days. yet-11 months after the incident, the manager-who previously had fired him, had allowed him to move back in. so, the maintenance guy, and i both live in the same apartment complex.
1 Answer from Attorneys
Re: sexual harrassment
Your situation is complicated, and I don't have enough facts to give you a legal opinion on it. However, let me make a few observations. First, in lay language, sexual harassment generally exists when a pattern of behavior (based around sexuality in one way or another) creates an uncomfortable environment for you, and the management does nothing about it. The first time this happened, the manager did, in fact, do something about your problem when he fired the fellow. It's possible that the management let this fellow move back in on the condition that he keep his distance from you and have no contact or conversation. If so, then the management may feel it has figured out a way to let him live there, while still taking care of its obligation to protect you. You may wish to ask the manager whether conditions were placed on the man's continued residency. If so, that may make you feel more comfortable. However, if the harassment begins again, you will want to alert the manager, and you may wish to contact the Attorney General's office and file a complaint.
Other options include asking the manager to attend mediation with you to see whether you can develop a plan that you can both live with, or consult an attorney with the specifics of your case, so you have a better idea about your legal rights. I am an attorney-mediator and handle mediations like this, but do take a case as one of the parties' lawyers. However, I would be happy to help you with a referral to the sort of lawyer who does take harassment cases if you need that type of assistance. I'd also be happy to answer any questions about mediation, or you could take a look at my web site, www.yesmediation.com for more information on the topic and how it might work for you.