Before taking legal action, the first critical question to ask is whether there are 15 or more employees in this company. Title VII of the Civil Rights Act of 1964 (which is applicable in sexual harassment claims) applies only to those companies with 15 or more employees. If there are, then you can raise a Title VII claim.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
This impliedly requires, in my opinion, that you complain to the decisionmaker at your job, or at least a supervisor. They likely do not tolerate this conduct either and will take action to remedy it because of the liability created.
If nothing is done, you must file a complaint with the EEOC office. However, you must demonstrate you have utilized the processes available in your company (complaining to supervisor, nothing being done, etc.).
By now, you get the sense that all of this requires work--it does. If you were merely shown a graphic picture and nothing more, I would raise it with your supervisor in a firm yet nonconfrontational way that you felt very uncomfortable. If it continues, then review the link below for some general information on claims for sexual harassment. Good luck!
2006-09-13 04:53:31
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answer #1
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answered by AJGLaw 3
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This is a big dea and It's against the law! The behavior does fall under the definition of sexual harassment!
First approach the man who presented the offending info.
Second, report the incident to your supervisor. Supervisor is not allowed to retaliate against you because you are engaging in a "protected activity" if they do they can be held liable under Title VII (given the recent Supreme Court decision this year ---Burlington v. White-- that expanded the definition of retaliation/employees' rights the employer would be foolish to try)
Third, Regardless...(esp. for future reference and in case it occurs again) keep a journal of date/time of incident, your response, your reporting, and any adverse action taken against you by your employer i.e. those affecting terms/condition of your employment.
Be willing to use any internal grievance procedures if necessary. in addition to filing w/ EEOC.
yes, there have been great strides to promote a more equitable workplace however, there are some people that still behave/think that it is appropriate to engage in certain behavior that objectifies another human being.
2006-09-13 04:18:32
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answer #2
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answered by AILENE 4
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Did you tell him his behavior was inappropriate and that it made you uncomfortable? If you didn't already, do it now.
Then go to your boss and tell him what happened. Tell him you feel this was inappropriate and that you would appreciate it if he had a talk with his friend so that it does not happen again.
Some men are just clueless. Making threats and tossing around threats of "sexual harassment" and "hostile work environment" will just get you fired at this point. Think about it. Can you prove it happened?
My guess is that you will get an apology and it won't happen again.
2006-09-13 06:01:01
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answer #3
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answered by BoomChikkaBoom 6
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If he only showed it once, then put it away and went away, leave it alone. Should he do it again, tell him you're less than appreciative of it and you'd rather he keep things of that nature to himself.
If he does it again after you telling him not to, go to your boss, who is the head of the HR department I'm assuming... and complain to him. Tell him you've already requested that this man not do this and he keeps doing it.
If it happens after that go back to your boss and mention the words "Sexual Harassment", if his ears don't perk and he doesn't take care of the problem, mention the phrase "Hostile Work Environment." That should get his full attention.
If he still ignores you, the boss I'm talking about, file a legal grievance with the labor board and get an attorney. The law requires that the company take care of this kind of problem quickly.
2006-09-13 04:08:17
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answer #4
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answered by Lucianna 6
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He may or may not be aware that what he has done is offensive. You should tell him, don't do it angrily, but nicely, in private and as calm and friendly as possible. Sometimes people are ignorant as to what constitutes "Sexual harassment" and he may appreciate you telling him and not his boss which may get him in trouble. If he continues inappropriate behavior after you speak to him then by all means speak to some one higher. There should not be any tolerance for sexual harassment in the work place. Good luck.
2006-09-13 04:09:33
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answer #5
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answered by sharkscue 3
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He is really sleazy. I don't know if there is much you can or would want to do about it. If he is friends with the owner and IF he is just a fill-in, then try to avoid him and let it go. If he becomes a permanent employee and continues this behavior, then do go to your boss. This is illegal. It becomes a hostile work environment if this man continues this behavior. Has anything else happened or has he let you alone after this?
Good luck to you sweetie, that would have really ticked me off too.
2006-09-13 04:06:57
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answer #6
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answered by Patti C 7
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I would let it go this time. But if it happens again, I would strongly suggest you tell him in a voice that others can hear (not yelling ), that you are offended and it is unacceptable behavior in a place of employment to discuss such things. Puts him on notice and hopefully provides you with witnesses. good luck
2006-09-13 04:06:59
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answer #7
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answered by Anonymous
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To be honest, it's not that serious, I say just go to him like an adult and tell him that you didn't appreciate him doing what he did, and that's not your life stlye. He really should understand, if he doesn't and a problem consists, that's a different story and I would recommend going to your supervisor.
2006-09-13 04:00:48
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answer #8
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answered by Nikki 2
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I would let him know (the guy that showed you the picture) that it made you feel uncomfortable. If he does it again, go to your boss.
2006-09-13 04:05:45
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answer #9
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answered by Robin A. 3
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I suppose this was your first confrontation with him, so u have to express, clear and loud to him that u didn't liked his gesture. And warn him "Never to repeat" it.
2006-09-13 04:10:54
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answer #10
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answered by narendirsingh 2
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