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If I made a statement to friends about my desire to have sex…

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If I made a statement...
If I made a statement to friends about my desire to have sex with a fellow co worker and that information was relayed back to her- have I committmented sexual harrassment as defined by the law?
Submitted: 6 years ago.Category: Employment Law
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Answered in 4 minutes by:
2/23/2012
Employment Lawyer: LegalKnowledge, Attorney replied 6 years ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 32,849
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

 

The law prohibits sexual harassment in two forms, quid pro quo and hostile work environment:

Quid pro quo Harassment

This form of sexual harassment usually involves a request for sexual favors in exchange for continued employment, a promotion, increased pay, or other employment benefit. The victim of this form of harassment may suffer adverse actions including failure to promote, reduction in pay or benefits, demotion or termination as a result of refusing to agree to the sexual advances of the supervisor or co-worker.

Hostile Work Environment Harassment

This form of sexual harassment involves severe or pervasive use of unwelcome and offensive language, sexual images, or physical touching that a reasonable person would find to be objectionable. Not every sexual innuendo, joke or act will rise to the level of legally prohibited sexual harassment. However, a substantial number of inappropriate comments or offensive acts can give rise to a sexual harassment claim. Where the hostile environment is being created by co-workers, as opposed to supervisors or managers, and where no other adverse action has occurred (such as reduction on pay, demotion or termination), the employee may be required to follow the employer's policies by reporting the harassment to the designated manager or Human Resources representative and allowing the employer a reasonable opportunity to investigate the matter and remedy the situation.

 

As such, if you think you were wrongfully terminated, you need to consult with an employment law attorney, who can look into the specific facts of your case and determine if you have a valid cause of action.

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Customer reply replied 6 years ago
My statement was made once and she was not present so there was no hostile work enviormnet created and she was my supervisor so I did not hold authority over her. Do you think I should pursue action or am I wasting my money and time?
Employment Lawyer: LegalKnowledge, Attorney replied 6 years ago
It is possible that you could have a case. You do not need to spend any money to get a free consultation with an attorney, so contact a few in your area and speak with them either in person or over the phone about the facts, to see if it is worth pursuing. This could be something where you were fired since it created an uncomfortable work environment and was a violation of the company policy.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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