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Sexual harassment

Discussion in 'Ask an Employment Attorney' started by anonymous, Feb 6, 2019 at 12:08 PM.

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  1. anonymous

    anonymous Guest

    Currently I am working under a manager of the opposite sex who says wildly inappropriate things regularly. So much so that there has been a report made to hr by myself and another rep on the team (neither of us knew the other had done so until after the fact). Hr had the attitude of I'm sure he didn't mean anything by it and was just speaking without thinking. Slightly concerned about upcoming field rides and how all of this works should the comments continue. What happens now? Any advice is appreciated.
     

  2. anonymous

    anonymous Guest

    So, leave?
     
  3. Charles Joseph

    Charles Joseph New Member

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    Offensive remarks or jokes about sex, sexually explicit communications, and sexual images can create an illegal hostile work environment. Under federal law, the offensive conduct must be “severe and pervasive.” Meaning statements that are not obviously offensive and only happen once or twice probably do not rise to the level of sexual harassment under federal law. In New York City, however, conduct only needs to be more than a “petty slight” or “trivial inconvenience.” This is a much lower standard.

    Once your employer has been made aware of your situation, it is their obligation to protect you from any further sexual harassment. If your employer does not take action to protect you or retaliates against you for complaining, you could have a claim.

    To protect your rights moving forward, you should document everything. If you are praised for your work performance, write down the date, what was said by whom, and whether anyone else was a witness. Similarly, if something you think was illegal was said or done, document it in the same way. If you receive relevant emails, forward them to your personal email address. If you receive anything relevant in writing, make a copy and keep it at your house.

    You should contact an experienced employment attorney to discuss your situation and explore your options.

    You can read more about the laws against sexual harassment at Working: Now and Then.com.


    This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.