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  1. #1
    Will2 is offline Junior Member
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    Does this qualify as sexual harrasment

    What is the name of your state? Texas

    Ok, firstly thanks in advance for anyone who replies.

    The situation is as follows. I am a supervisor (lower level management), I made two offhand comments to an employee who happened to be gay. The comments insinuated he was romantically involved with a straight co-worker. The homosexual coworker has developed a relationship with me (not that way) and has established a pattern of behaviour, that these types of comments and or humor are acceptable between the two of us. Apparently however the straight male whom I implicated, has a problem and feels sexually harrased by my statements. The offended party was not in the room at the time of my comments. The offended party has since addressed the issue with me with his concerns, and i apologized for my behaviour and explained it would not happen again. Does this constitute sexual harrasment ?
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by Will2 View Post
    What is the name of your state? Texas

    Ok, firstly thanks in advance for anyone who replies.

    The situation is as follows. I am a supervisor (lower level management), I made two offhand comments to an employee who happened to be gay. The comments insinuated he was romantically involved with a straight co-worker. The homosexual coworker has developed a relationship with me (not that way) and has established a pattern of behaviour, that these types of comments and or humor are acceptable between the two of us. Apparently however the straight male whom I implicated, has a problem and feels sexually harrased by my statements. The offended party was not in the room at the time of my comments. The offended party has since addressed the issue with me with his concerns, and i apologized for my behaviour and explained it would not happen again. Does this constitute sexual harrasment ?
    Yes, next question?
  3. #3
    Will2 is offline Junior Member
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    an unanimous decision of the U.S. Supreme Court in April, 2001, a supervisor's isolated single crude remark was not enough to trigger a sexual harassment case under the federal civil rights law (Clark County School District v. Breeden). The justices stated that, based on the reasoning in previous cases, sexual harassment refers to a pattern of "severe or pervasive" abuse; the supervisor's one offhand, sexual remark was not the type of behavior that supported a sexual harassment claim, though the employee might think it was unlawful harassment.


    so the supreme courts ruling does not apply? and if not why?
  4. #4
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by Will2 View Post
    an unanimous decision of the U.S. Supreme Court in April, 2001, a supervisor's isolated single crude remark was not enough to trigger a sexual harassment case under the federal civil rights law (Clark County School District v. Breeden). The justices stated that, based on the reasoning in previous cases, sexual harassment refers to a pattern of "severe or pervasive" abuse; the supervisor's one offhand, sexual remark was not the type of behavior that supported a sexual harassment claim, though the employee might think it was unlawful harassment.


    so the supreme courts ruling does not apply? and if not why?
    Listen. I don't have time for bull**** games. If you want to play attorney go for it. I'm done with you.
  5. #5
    Will2 is offline Junior Member
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    Whats with the hostility? I was asking a question, you repleyed and asked if had any others, I did and I posted it in a proffesional manner. Your response makes me doubt the usefullness of your original answer. I don't per say want to play attorney I want to have a clear undestanding of the actual law regarding this. If you don't know, just say you don't know. There is no shame in it, I don't know the answer or I wouldn't be asking. So my rebutall to you would be if you wanna play internet attorney/keyboard warrior go ahead, I am perfectly fine with you not answering the question.
  6. #6
    Some Random Guy is offline Senior Member
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    Not knowing BB's thoughts. I would guess that the hostility arises from this message board being a place where real people with real problems come for help.

    You post a seemingly normal question about your situation and get an answer from a seasoned professional. Then, one minute after BB's comment and only 4 minutes after your original posting, you come back with a full paragraph citation from the supreme court.

    So what's the deal here? Is this a real situation or a homework assignment? Have any other research or facts you are hiding?

    P.S. BB's answer is not in conflict with your citation.
  7. #7
    ceara19 is offline Senior Member
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    Quote Originally Posted by Will2 View Post
    an unanimous decision of the U.S. Supreme Court in April, 2001, a supervisor's isolated single crude remark was not enough to trigger a sexual harassment case under the federal civil rights law (Clark County School District v. Breeden). The justices stated that, based on the reasoning in previous cases, sexual harassment refers to a pattern of "severe or pervasive" abuse; the supervisor's one offhand, sexual remark was not the type of behavior that supported a sexual harassment claim, though the employee might think it was unlawful harassment.


    so the supreme courts ruling does not apply? and if not why?
    You made TWO comments, for one thing. And there's also the fact that they were of a PERSONAL nature, not off-handed remarks.
  8. #8
    Will2 is offline Junior Member
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    Sorry for the long wait.


    The reply was made quickly, because he replied quickly (I am assuming a he). The paragraph was copied directly from this website, I thought it may apply to my situation.
    It was my impression that my particular situation would constitute slander no sexual harrasment.
  9. #9
    ecmst12 is offline Senior Member
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    Yes, it was sexual harassment. However because you addressed the situation and presumably won't make the same mistake again, and the complainant is presumably satisfied with the outcome for now, there is no cause for legal action. Make sense? Just keep things professional regarding your employees who you do NOT have an informal relationship with.
  10. #10
    moburkes is offline Senior Member
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    Exactly. It might not be enough to justify a lawsuit, but that doesn't mean that its not sexual harrassment. It also doesn't mean that you cannot lose your job over it and be denied unemployment because of it.

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