What You Need to Do if a Co-Worker Touches You
Being touched in the workplace by a coworker is something that you should never tolerate. The steps to reporting such actions can be complicated, uncomfortable, and scary. Here’s what to do if a coworker keeps touching you.
Taking the steps below can ensure the workplace remains safe for you and others. Working with human resources and attorneys to review evidence may result in your co-worker receiving damages or termination. One should always report unwanted touching.
What Defines Inappropriate Touching?
The law can interpret inappropriate touching in the workplace in multiple ways. Most courts uphold the definition that a perpetrator understands their sexual conduct is unwanted. This broad definition gives the perpetrator and the victim flexibility and can be difficult to apply when building a complaint.
Under this definition, one can clearly interpret actions like kissing or other sexual conduct as unwanted. But, other things such as hugging or putting an arm around a coworker may not be as clear.
Related: Sexual Assault vs Sexual Harassment in California
What to do When Touching has Gone Too Far
If inappropriate touching continues from another coworker, you should take the following steps:
Express the touching is unwanted
The perpetrator may not know the touching is unwanted. Take the opportunity to tell them what they are doing is uncomfortable, and they need to stop. Taking this step also places a legal barrier to ensure parties define what behaviors make one feel uncomfortable. If it continues, a party can tell the defense counsel such dialogue took place.
Report the actions to human resources
Confronting the person who makes you uncomfortable can be difficult. Human resources is another route to take to shut the behavior down. Reporting your co-worker’s actions to the HR department may be beneficial. Human resources can discuss the complaint with the perpetrator and take further action against them.
Document the touching
Evidence is always important, especially in physical abuse cases. Such cases often rely on evidence recorded by witnesses or the victim themselves. Taking photos or videos of each incident can preserve the facts of the case.
Related: How to File a Sexual Harassment Complaint in California
Take legal action
If the touching does not stop after working with human resources, it may be time to take legal action. The state may consider unwanted touching a human rights violation which qualifies as a torts case. At this point, the gathered evidence would come into play to build a strong court case. A judge may award total damages, but they may be higher if the perpetrator was a superior in the workplace. Legal action with evidence may also result in the coworker’s termination.
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