Legal Question in Sexual Harassment in Indiana
This all started in March of this year, 2010.
One of my subordinates came to me and said that earlier in the day another associate had made several sexually suggestive comments toasted her and followed it by a sexual invitation. She rejected him. She was unsure what to do, and didn't want anyone to get in trouble, but admitted she felt uncomfortable around him.
The next day I went to the HR Manager and told him the whole story and he said he would take care of it.
3 weeks later she again came to me and told me he was doing this everyday when they were alone in the store and she didn't want to be alone with him. At the same time another employee went to the HR Manager about the situation and again he said he would take care of it. A few more weeks passed before she stood up for herself and told him to stop and that he wa making her really uncomfortable. When it continued she went to the HR Manager who told her to compile a list of dates and times and that he couldn't really do anything without that list. He was let go in August for using his cell phone while on the clock, but to the day he was termed he continued with the harassment and management never did anything. This coupled with inter-office relationships that have affected employee performance and morale.
What should we do?
1 Answer from Attorneys
The individual who was harassed, and reported it, may have a claim. Employers are required to make a reasonable response to reports of sexual harassment. It sounds as if this employer did not. If she wishes to pursue this matter further, she can reach me, Ken Lauter, at 317-634-2200.
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