Defamation of character / Workplace harassmant

[PlacidTiger]

Hello,

I am looking for some feedback regarding a situation I am in at work. I work for tips as a card dealer in Colorado. I have two main questions that I will ask after I give you a brief background.

There is a player that has been coming in on the shifts that I work and making sexually insinuating and defaming comments at the tables when I am dealing (I'm not sure if he is doing it when other dealers are dealing.)

This started a couple months ago and it has become increasingly hard for me to ignore his behavior and comments. I have been trying to ignore him and treat him like any other player, but his presence, behavior and comments are making me uncomfortable (I also believe he is making other players uncomfortable). Players and employees are noticing my discomfort, and I’m not sure if they have heard or understood the comments he has made.

Bottom line is this:

He is affecting my state of mind at work, tarnishing my reputation, and hurting my income.

I am going to my departments boss tomorrow regarding the player. Going forward I have two questions:

Do I have any legal recourse against the player? Can this be pursued as defamation of character or harassment?

Do I have any legal recourse against my employer? What are they legally obligated to do in this situation? I am concerned that my employer will offer to transfer me to a different department / job / or shift for less money.

Thanks in advance for any comments or advice.

 

[Beth3]

Do I have any legal recourse against the player? Can this be pursued as defamation of character or harassment?

He sounds like a rude, arrogant jerk. That's seldom actionable. As far as harassment goes, nothing in your post indicates that he is criminally harassing you. He's not stalking you, for example.

Do I have any legal recourse against my employer?

No. You haven't even advised your employer yet that this customer is a problem.

What are they legally obligated to do in this situation?

That depends. They're obligated to determine if he is sexually harassing you as defined in the law. If he hasn't, then they're not obligated to do anything whatsoever. The key question is, given the environment in which you work, whether a "reasonable person" would feel sexually harassed. I can't answer that question as I'd need to know exactly what he has said, how frequently, etc. I'd guess that in the environment in which you work (a casino?), the threshold for SH is a bit higher than in many workplaces, at least as it relates to innuendo and sexually suggestive comments.

You need to tell your employer what's he's been saying and then see what happens. If they determine he's just a rude and obnoxious jerk, then they don't have to do anything.