Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question. I am a licensed Pennsylvania professional. Please permit me to assist you with your concerns.Proving sexual harassment is not easy. The other person must show that the harassment was:1. because of the plaintiff's protected status (meaning her gender)2. was unwelcome 3. was severe or pervasive4. unreasonably altered the condition of employment so as to create a hostile work environment AND5. you are liable for the condition.In other words the person has to prove and show that the profanity uttered was because she was a woman, not because she was a co-worker. It is possible for her to do so, but it is fairly unlikely--this is a fairly high threshold which she may not be able to prevail under.Good luck.
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