sexual harassment

[janae115]

Last November I worked for Dave Chappelle on his tour in San Diego Clifornia. One night afre his show he came to my room to use the bathroom (my cousin was in the room also) and he followed me into the bathroom and puled up my skirt and smacked me on the butt and said he "wanted to see what i was working with under it". Can i not sue him for sexual harassment?

 

[disagreeable]

I'm sure you have witnesses and video to back this up. Otherwise you are wasting your time and his.

 

[army judge]

Last November I worked for Dave Chappelle on his tour in San Diego Clifornia. One night afre his show he came to my room to use the bathroom (my cousin was in the room also) and he followed me into the bathroom and puled up my skirt and smacked me on the butt and said he "wanted to see what i was working with under it". Can i not sue him for sexual harassment?

You can sue anyone for almost anything.

What you've described could be a "sexual battery", and a remedy under civil law using a different theory of the case other than "sexual harassment".

You might wish to visit with a couple of three lawyers in your area and see what they tell you.

Take look at this website, OP.


I've copied and pasted the relevant SOL as pertains to your claim, if this occurred in TN,


http://www.tennesseeemploymentlawcenter.com/sexual_harassment.html


A lawsuit must be filed within 90 days of the receipt of a right-to-sue letter from the EEOC.

If you believe that you have been discriminated against on the basis your gender, it is best to contact an attorney immediately, who will advise you of your rights and duties under the law.

The Civil Rights Acts also apply to foreign nationals working in the United States, regardless of citizenship. Pursuit of a claim, however, may be more difficult if the foreign national lacks a work permit.


Filing Requirements and Limitations:

For harassment claims, use any employer complaint mechanism or grievance system available so that the offender will be directly informed of the inappropriate conduct and so that the company will have the opportunity to take prompt and appropriate remedial action. You must take this step in order to protect your claim. Taking this step will also ensure that a written record of the conduct is on file.

The federal law that governs sex-based discrimination, including sexual harassment, only applies to companies and businesses with 15 or more employees.

Your claim must first be pre-filed with the EEOC within 180 days of the potentially unlawful action or within 300 days of the unlawful action if your state is a referral jurisdiction state. Tennessee is a referral jurisdiction state. The deadline will not be extended because of internal investigation of the incident within the company.

A lawsuit must be filed within 90 days of the receipt of a right-to-sue letter from the EEOC.

If you believe that you have been discriminated against on the basis your gender, it is best to contact an attorney immediately, who will advise you of your rights and duties under the law.

The Civil Rights Acts also apply to foreign nationals working in the United States, regardless of citizenship. Pursuit of a claim, however, may be more difficult if the foreign national lacks a work permit.


Good luck.​

 

[cbg]

Not any more, you can't. If this happened in November, the SOL to file a complaint with the EEOC has expired. And without a right to sue letter from the EEOC, you can't file a sexual harassment lawsuit.

 

[Betty3]

Agree with cbg - need a right to sue letter from EEOC to bring a lawsuit for sexual harassment & SOL for filing complaint with the EEOC has elapsed.

 

[cbg]

What you've described could be a "sexual battery", and a remedy under civil law using a different theory of the case other than "sexual harassment".

Good point, AJ. There's more than one way of going at this.

 

[army judge]

What you've described could be a "sexual battery", and a remedy under civil law using a different theory of the case other than "sexual harassment".

Good point, AJ. There's more than one way of going at this.

True, but as you point out "cbg", witnesses and proof must substantiate and corroborate these kinds of claims.