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Two things are important for you to know in this situation. First, if you bring a report of sexual harassment in good faith to your employer, you are protected from retaliation for having brought that report. Second, once you bring forth a report of sexual harassment on someone else’s behalf, your involvement in “pushing” the issue should be done in most cases. This has happened to your girlfriend, so I am sure this is upsetting to you personally. However, you should be careful that anger or upset about the situation does not cause you to engage in an act that could result in your termination unrelated to the protected activity (the reporting) that you engaged in. This is an at-will state where an employee can be fired at any time for any reason even though there may be a legal claim depending on the employer’s motive.

An employer is not required to take any specific action to deal with reported sexual harassment. The law simply requires the employer make the sexual harassment stop. No matter how the employer addresses the matter, if it stops, then it has met its legal duty. On the other hand, if it does not stop the harassment, which it appears it did not, then it is liable for that sexual harassment. In some cases, the employer may be liable for sexual harassment that occurred prior to the report.

I think it is imperative for your girlfriend to consult with an experienced employment attorney about the sexual harassment. Keep in mind that attorneys on Avvo cannot reach out to you or your girlfriend due to ethics rules against “solicitation.” Instead, you or she will need to reach out to the attorney of your choice. You can contact attorneys on Avvo via their profiles.

Hope this helps.

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