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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12786
Experience:  Significant experience in all areas of employment law.
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There is a man in my dept. who picks on all the women. He

Customer Question

There is a man in my dept. who picks on all the women. He bitches about us all the time to other co-workers and supervisors. He calls us all "fat-asses" behind our backs and just makes for a hostile work environment. Is there something we can do about him?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Have you talked to a lawyer yet?
Customer: No, I am not sure if this could be a sexual harassment case. What do you think?
JA: Anything else you think the lawyer should know?
Customer: no.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 1 year ago.

Sexual harassment is generally defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. The conduct you describe, while highly inappropriate, disrespectful and unprofessional, doesn't really fall under this definition. Regretfully, this means that your only remedies here will typically be interpersonal. If you have an HR department at your company, I would consider reporting this employee's behavior there. Another option is to get together with some of the other women and write a joint letter to your supervisor explaining how this employee's behavior is inappropriate and unprofessional. Your employer will not be under a legal obligation to respond, but most employers have very low tolerance for the sort of behavior you describe and will make efforts to address the problem.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 1 year ago.
We have gone to management and they heave "talked" to him but he still has not stopped. Could this be under general harassment?
Expert:  Patrick, Esq. replied 1 year ago.

It's definitely general harassment. The problem is that general harassment is not illegal. Harassment is only illegal if it relates to a legally protected trait (i.e. sex, race, religion), in which case it falls under our civil rights protections. Otherwise, there is no law that prohibits employees from being rude or disrespectful. I am truly sorry.

Expert:  Patrick, Esq. replied 1 year ago.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Customer: replied 1 year ago.
ok. thanks.
Expert:  Patrick, Esq. replied 1 year ago.

You are welcome. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.

Customer: replied 1 year ago.