Legal Question in Sexual Harassment in North Carolina
I have had to endure various and continually escalating sexual harrassment over the the last year by two of my superiors. It started out as crude comments, elevator eyes, making comments about my breasts, buttocks, lips, etc. Then it started to include rubbing up against me to come in contact with my breasts and buttocks. One particular incident that I found incredibly offensive and disgusting was when one of the men grabbed my foot (I had taken it out of my dress shoe to let it cool off) and ran his fingers under my toes then tried to massage my foot, I pulled my foot away from him and he smelled his fingers and said he liked feet. Over all this time I have been emotionally disturbed by all of this, started dressing more homely at work, not wearing make-up, not doing my hair, and trying to avoid them as much as I could. Because they were my superiors and I need them to sign off on things for me, this was hard. I have been continually sick and my doctor (who now has me on anti-depressants and anxiety medications) believes this stress at work is wearing my body down and keeping me physically ill. My HR representative called me back today saying she completed the investigation and was able to substantiate some of my claims ("jokes" and comments to myself and others), but the other claims she was not able to substantiate (because no one saw them). She says I need to report back to my position by Monday or offered me a position which would be a demotion for me and is a totally different kind of work. I do not feel safe or emotionally stable enough to report back into the same environment (she told me neither of the men were fired) and I don't believe it is fair for me to have to be put into a different position. I need help to figure out where I stand and what I should do.
1 Answer from Attorneys
1) Under the North Carolina Equal Employment Practices Act, it is the public policy of the state to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination based on biological sex (NC Gen. Stat. Sec. 143-422.2 et seq.).
2)The Act applies to all private employers of 15 or more employees. Employers with 15 or more employees are also covered by the federal fair employment law, Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sexual harassment. U can complain to the concerned Government officials.
3) U r offered a better environment work place. Be peaceful. Why do u want to fire the other people?
4) ) If u r not satisfied with the new work place, u can try another employment and change.