What I do not understand is how does this person think that they have a case if they never have complained to HR or the supervisor about the situation. This seems like there is no supporting facts that they tried to address the matter. You can certainly sue anyone for anything but in a work case there are work laws in place for these kinds of situations that make the employer the first person to go to address the situation and if you do not do that then the courts will not take this as a real case as they have taken no action with the employer to either separate you form each other or stop a hostile work environment. I would let my employer know that if they do not fix the hostile work environment that they have allowed to ensue I would file a counter law suit against the employer and the person that has file a lawsuit on me. I bet if you informed your HR department of this he/she would be let go as soon as they could. AS fare as attorneys start shopping around. I bet if there is no real support to what this person is saying. When you file the 2 law suits against them you will not be able to back down on your law suits if the attorney is working for a % of what ever you win. You will win against the employer because they have still allowed the hostile work environment and they will settle out of court. I hate the fact that you have to do this but for an employer to keep both of you still working there and try to take an i'm not in this position does not work as they have to by federal law maintain a safe no hostile work environment for all employees. That's under the U.S. Department of Labor - A Summary of Major DOL Laws