Accepted Answer

Hello again,

Since he is male and you are a female, he may be creating a hostile work environment in violation the laws against sexual harassment under Title VII of the Civil Rights Act. If your employer has 15 or more employees then the prohibition applies to this company. In order to be actionable though the activity must be unwelcome and of a sexual nature and be unreasonable in nature. In addition, unless the activity is outrageous such as a groping or a retaliation such as termination, the employer must be notified of the issue and given an opportunity to remedy the situation before an employee may file a complaint to the EEOC. Without knowing more about the pervasiveness and details of this issue, it would be impossible for me to say if this even rises to the level of being sexual in nature or done based solely on your gender. If I were you, I would ask him to stop and follow up with your HR department and see what their position is. If he doesn't stop and you feel that he is creating a hostile work environment based on your gender then you have a right to file a complaint with the EEOC. They will investigate the issue and make a determination whether or not this activity rises to the level of a legal violation.In the end, they might just find that this is a personality conflict with a worker that is not legally actionable.

Expert:	MarshaDJD
Pos. Feedback:	99.2 %
Accepts:
Answered:	10/22/2009

Attorney

FL & OK Attorney, 23 yrs exp in military, criminal, constitutional, employment, insurance & gen.prac