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Zoey, JD
Zoey, JD, Lawyer
Category: Employment Law
Satisfied Customers: 27126
Experience:  18+ years of NYS litigation experience.
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What is meant by the statement (found in harassment

Customer Question

What is meant by the statement (found in harassment literature): "If a victim banters with a harasser who makes sexual jokes" is typing LOL banter?
JA: What state are you in? It matters because laws vary by location.
Customer: Texas
JA: Has anything been filed or reported?
Customer: They have filed a grievance---Supt is investigating.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have my whole conversation from Facebook Messenger saved. The supt says I made comments about the person to another (would have to explain this)and that helps show sexual harassment.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Zoey, JD replied 4 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 4 months ago.

Basically, it means that if you appear to be enjoying or encouraging the flirtation, that can undercut a sexual harassment claim. So yes, it's possible that by responding with "LOL" rather than by responding with something that indicates you find his comments unwelcome, you could arguably be bantering.

Expert:  Zoey, JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.