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Question about comments made to me in the operating room.

Customer Question
Question about comments made...

Question about comments made to me in the operating room

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Manager, yes. Supposedly, HR I need to follow up

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

An at will state Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ill let you read the exchange of words Had 7 witnesses

Submitted: 1 month ago.Category: Employment Law
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Customer reply replied 1 month ago
During the course of the case, Dr. Ramos proceeded to ask me for suction, to which, I asked, “What suction do you need?” He then followed, “Oh, come on, Troy, we all know how well you suck.” I told him this comment was inappropriate, and that he crossed the line. He then followed, “What? Did I hurt your feelings?” I asked him to stop.Later during the case, as I was opening a new IV bag of lactated ringers, he asked, “if everything was ok?” I said, “Yes, Dr. Ramos, I am just doing my job, sir.” He then responded, “Oh, so now you’re saying you don’t suck.”
Customer reply replied 1 month ago
I was humiliated. I asked him to stop and he didn't. I felt targeted and harassed.
Answered in 55 minutes by:
3/17/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,904
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. I am very sorry that you were subjected to these inappropriate comments. Can you please clarify for me what your specific question is? Are you asking if you can sue for financial compensation?

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Customer reply replied 1 month ago
I’m not. I’m just inquiring if this constitutes sexual harassment. I’m not sure what my rights are.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago

Thank you very much for clarifying.

Sexual harassment is defined as unwelcome sexual comments or touching that is so "severe or pervasive" that it materially alters the employment. The comments you describe are highly inappropriate, but context probably matters here quite a bit. For instance, if you were engaged in joking back and forth banter, or if you have made similar jokes yourself in the past, then then these comments would probably not give rise to a claim for sexual harassment. But if these comments were completely unprovoked and not part of your normal discourse with this individual, the comments would be much more likely to be seen as "severe" enough to give rise to a claim.

You always have the right to complain about comments you feel constitute sexual harassment. Any such good faith complaint is legally protected, meaning you cannot be retaliated agianst for you. Your employer will then have to investigate take reasonable action to make sure that you are not subjected to similar comments in the future. I would definitely consider submitting such a complaint (always in writing) and explain that these comments were highly offensive and you want to make sure they do not continue.

If you are still subjected to similar comments in the future, notwithstanding your complaint, you would likely have a strong case for sexual harassment, which you would pursue by filing a complaint with the EEOC. The EEOC will investigate your claim and attempt to mediate a resolution with your employer. That not forthcoming, they will issue you a "right to sue" letter, which will enable you to pursue a lawsuit with the assistance of a local employment attorney.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 1 month ago
They were definitely not warranted. I’ve only worked with this surgeon a couple of times. I don’t joke with him. I asked him to stop. He didn’t. I barely know him.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago

Thank you. In that case I would definitely submit a written complaint. I would also consider filing an EEOC complaint if the harassment continues.

If there is anything else I can do for you, just let me know. It's my pleasure...

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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.

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