Sexual Harrassment

[duncantls]

What is the name of your state? Missouri

We recently were given a training session by our Personnel Director. This session covered labor laws. When discussing the subject of sexual harrassment, the following scenario was described:

A male and female coworker were involved on a personal level and were creating problems within the workplace for a third employee who was quite offended by their inability to not touch one another during the work day. Is this considered sexual harrassment?

Our Personnel Director said it was not sexual harrassment because the sexual advances were not directed at the third employee. A group of us attending the training did not agree with this information. Any input documenting the law in this matter would be appreciated.

 

[cbg]

A couple of years ago I took 20 hours of sexual harassment training. The trainer defined the sort of situation you describe as "third party harassment" but was very clear that yes, this can definitely be considered sexaul harassment EVEN IF it is not directed at the offended employee. So I would have to agree with you and disagree with your Personnel Director. You'll find this in case law, however, not in statutory law. Type "third party harassment" into your favorite search engine and you'll come up with some examples to show her.

Of course, if this were a real life case there'd be several factors you'd have to look at to see if the specific situation qualified; for example if the offended party had the option of walking away or if circumstances required that she had no choice but to remain where she was. But the possibility of this qualifying certainly cannot be ruled out.

 

[Beth3]

It would also matter what kind of touching you're talking about - gestures of affection (which would get tedious to observe) but wouldn't constitute harassment or groping of one another on a regular basis.

 

[I AM ALWAYS LIABLE]

My response:

I took a 20 hour course also. Failed it miserably.

You should see what I do with my secretary Gwen!

She loves it!

IAAL

 

[HomeGuru]

My response:

I took a 20 hour course also. Failed it miserably.

You should see what I do with my secretary Gwen!

She loves it!

IAAL

**A: does Gwen know about Beth3 and all the others and is she a natural redhead?

 

[Beth3]

Hey, cbg, didn't we happen to see a post not long ago from a Gwen on another employment law board about the mega-harassment suit she was bringing against the senior partner of a law firm? Must have been a coincidence.