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10:59 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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I had a very short affair with a manager several years ago but realized it was a mistake. But he has harassed me sexually since then. Do you have any advice?
Question: Several years ago, I had a very short affair ... no sex, only kissing with a manager in my store. The "affair" only lasted 2 weeks. I told him that I had made a very serious mistake and wanted to stop all relations immediately. Since then, he has continually harassed me sexually. I have asked him to stop on more than three occasions...but he continues to make obscene remarks often. I know that I am 100% guilty for the mistake that I made and feel that I pay the price everyday when I have to face him, but I don't feel that I should be treated this way anymore. It has become unbearable to go into my workplace on a daily basis. Do I have any leg to stand on if I report him? I know that NC is a right to work state, but if I get fired after reporting this information, do I have a case to pursue in court? Do you have any advice for the situation?

Answer: No still means no, even in the workplace. Assuming your employer has more than 15 employees, it is covered by Title VII of the Civil Rights Act, which forbids discrimination based on gender, and in particular, sexual harassment. Title VII also forbids retaliation for making charges of discrimination or harassment. It would be appropriate to report the situation to your employer - would suggest strongly that you look at your employers policies on discrimination and harassment, and try to comply with any instructions on reporting such problems. If you cannot resolve the problem internally, you might consider consulting with the Equal Employment Opportunity Commission, the federal agency charged with enforcing Title VII. The phone # is 1-800-669-4000.
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