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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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Is it sexual harasment to tell a female emplyee she worked

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Is it sexual harasment to tell a female emplyee she worked f**king hard today

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 pervasive
4. unreasonably altered the condition of employment so as to create a hostile work environment AND
5. 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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