If a fellow employee is harassing me and I have reported it to my boss several times and the company fails to do anything am I able to file a lawsuit towards the company and the harassing employee?

Should You report to BBB perhaps? The owner? There must be some other next step you can take before it actually gets to be a lawsuit, I would think. And I am hoping to know this because indeed this can happen at the workplace and I would like to know what I can do in order to stop it should it ever happen. Good luck.

Are you a member of a union? If so, take the complaint to them

Some of what people call harassment is considered by employers to be an inability to get along, so if it doesn't fall under sexual harassment or Civil Rights (gender, race, nationality, sexual preference, disability) then you may not have a case. Feel free to consult a lawyer. Anyone can sue anyone.

If this person just doesn't like you and likes to get your goat, you are expected to deal with it or quit. Be careful about reporting over and over, you may be the one let go.

Should You report to BBB perhaps?

I wanted to respond to this. The BBB simply records customer complaints about a company. It has no power to enforce, nor does it deal with internal company issues.

Your first step is to ask your boss why no action is being taken. If you are dissatisfied with the explanation then you go up the line to HR, corporate management, etc. Only once you have exhausted all avenues of appeal should you consider a lawsuit.

But, if the company is creating or allowing a hostile work environment for you and will not correct the problem then legal action may be an alternative. But you need to be able to prove a) the harassment and b) that the company has taken no action to win such a suit. Consulting a labor law attorney can help determine if you have a winnable case.