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Question

Does revealing your sexual preference to a coworker constitute sexual harassment?

Submitted: 23 days and 20 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

State/Country relating to Question: West Virginia

Posted by Sam 23 days and 20 hours ago.

Info Request

hi

 

can you briefly explain how this matter came up - was it general discussion or what?

23 days and 20 hours ago.

Reply

I'm being accused of sexual harassment. She will be filing a suit against me. I told her during work hours, but not on work property, only after she told me information on all of her past relationships. She and I ended up having a fling. We hung out outside of work many times. Now, she is claiming it wasn't mutual. Solid evidence that she has is an email which we argued back and forth before she told me that she didn't want to date a woman. I then, left her alone and ceased all communications. She was let go last December 2008 so I haven't spoken with her since September 30th 2008.

Posted by Sam 23 days and 20 hours ago.

Answer

hi

 

revealing to someone a sexual preference is not sexual harassment. if you are in a position of authority over her at work and had a relationship with her, she can lie and say it was not consensual or she can say that she felt intimidated because you are her boss/supervisor - if you are not in a supervisory position - then there would be no sexual harassment.

23 days and 20 hours ago.

Reply

I believe she will say it created a hostile work environment since I did pay attention to her more because we were hanging out outside of work. My coworkers have been gossiping about the suit that will be brought against me without informing me of the suit. I also have mental health issues which cover me under the ADA. So, I have been dealing with coworker gossip and comments that are made when they think that I am not around on both subjects, mostly the lawsuit. I complained to HR about the work environment being slightly hostile since I can feel the hate in the room when I walk in. However, since some of the comments were about my assumed sexual preference (lesbian) in a derogatory manner, HR now knows about the sexual harassment allegation made from a former employee. If they don't fire me soon, I will be surprised. Do I have any recourse? I'm hoping to prepare for an interview from HR. I'm not sure of what not to admit to, lol.

Posted by Sam 23 days and 20 hours ago.

Answer

hi

 

as you state, your relationship with her was consensual and not at work. when she wanted it to cease - you agreed. no pressure. now you are being harassed because of a sexualy preference. the EEOC does not protect homosexuals under a harassment - it only covers under race, religion, age, gender, disabiliy. there would need to be a company policy against it.

23 days and 20 hours ago.

Reply

There is a company policy against it. How can I tell if there is a company policy against revealing your sexual preference?

Posted by Sam 23 days and 20 hours ago.

Answer

hi

 

it should be in the employee handbook. it would say something to the effec "that discrimination based on sexual orientation is prohibted by policy - the term 'sexual orientation' means homosexuality, bisexuality, or heterosexuality, whether the orientation is real or perceived."

 

or something like that. there is no law mandating the policy - but if they have one, then they need to deal with your harassment internally.

23 days and 20 hours ago.

Reply

Yes, they do have that policy, but I'm still not sure if that policy prohibits revealing your sexual preference. I know it can be sexual harassment to ask someone's preference, but I'm not sure about the other one.

Accepted Answer

hi

 

again, it is not sexual harassment to reveal. i will stand by my original answer.

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Expert: Sam
Pos. Feedback: 99.0 %
Accepts: 
Answered: 10/30/2009

Attorney at Law

20 years practicing law

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