For four years I have been sexually harassed.
Every time my boss came to my area he would scratch his genitals. I didn't realize this was considered sexual harassment.
I recently left the job but am now realizing all the problems it has created for me ? emotionally, physically and mentally.
What can I do about this after having left the job?
Answer
Not much.
You could consult an attorney and see whether you have a case for suing the man personally, or the company, if you can prove that you have suffered some kind of loss or impairment or distress as a result of his intentional abusive action. It sounds more than a bit dubious, however.
Why are you suddenly so sure that this was "sexual harassment"?
If it was a deliberate attempt to embarrass you, then it probably would fit the definition, but what if it wasn't?
Was your area the only place where he did this - and how would you prove that?
Unfortunately some men are much given to scratching and jiggling their genitals - they think that's what pockets are for! And unless it's accompanied by some directly abusive behaviour, it's just bad manners, an unconscious habit (maybe learned at a boys' school?) or a medical condition of some kind!
Examples of direct abuse include leering, laughing or sniggering, smutty remarks, inappropriate teasing, or maybe just watching to check out your reaction and relish that fact that you're embarrassed and don't know where to put your face.
Because he's a boss and you are an employee, any of these can feel threatening and distressing which is why they constitute harassment and are illegal.
If you know for certain that it was intentional harassment, and can identify exactly what went on that made it aggressive and demeaning for you, and especially if you're backed up by other witnesses, you could write formally to the manager of the company or the personnel manager, complaining and suggesting that they speak to him before his behaviour causes any more trouble.
Or better still, get your attorney to write.
At the very least, the company then has a warning that one of their manager is out of order - because if he's done it to you, he'll definitely do it to other people too.
At the end of the day, anyone who is experiencing unfair treatment or harassment in their place of work should always report it through company grievance procedures and if that doesn't produce results, to the relevant authorities (in South Africa, the CCMA).
No matter how great the pressure is, don't resign if you want justice - rather make them fire you.
If you resign, there is little that can be done - but it's also understandable that many people just want to move on with their lives and are prepared to give up justice for the sake of peace and putting it behind them.
And this, it seems, is the challenge you face now.
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