My question involves labor and employment law for the state of: ARIZONA
It should be noted that I am writing on behalf of a co-worker. In 2008 this co-worker was the victim of numerous accounts of verbal sexual harassment (VSH) and two accounts of physical sexual harassment (PSH) by her manager. After the initial account of PSH, she confronted the individual and indicated to him in no uncertain terms that his behavior was both unwarranted and unacceptable. At this time the manager responded with regret and apologized. One month later, the manager engaged in another act of PSH, to which my co-worker responded with a letter to management. When she returned to work three days later, she was informed by other co-workers that the offender was no longer a manager and was transferred to another base. Approximately six months later the offender severed the relationship with the company on his own accord. One month ago (June, 2011), upper management informed the crew, together with the co-worker, that this individual would be re-hired in a part-time non-manager status, and if anyone had an issue with this decision they could talk to her privately. Since this news, my co-worker has expressed to me that she is enduring an acute level of emotional, physical, and mental stress at the thought of this individual returning to work out of fear that he would re-offend. Further, she is fearful of losing her job should she contact managment regarding this issue, since Arizona is an at-will employment state.
At this point she is considering seeking counsel to consider her options to enjoin the offender from working with her or at her place of employment. However, it is my understanding from the EEOC website that a victim of sexual harassment has 180 days to file a complaint. It is further my understanding that a company cannot be enjoined from hiring an individual. This leads to the following questions:
1) Does the 180 day statue of limitations apply in the case of an offender being rehired?
2) Can the courts prevent an employer from placing an offender in the same workplace as the victim, as it applies to the background of this case?
3) As it applies to this case, what can be done to engender a corrective action on the employer/offender?
Thank you for your help,
Sincerely,
IJ

