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Intrusion and Right to Privacy Question

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sylver_66

Junior Member
CALIFORNIA

Not sure if this is the correct place to post this, but I did not find any other area that was applicable. I work for an entity that holds a training every year to be sure that we all know that certain activities (sexual harassment, etc.) in the workplace is not tolerated. This year, however, they are telling us that if we are in a place (restaurant, bar, whatever) with a friend and we tell that friend a joke that another employee who happens to be in the restaurant overhears and finds offensive, the other employee can go to the company management and get us in trouble. Not that I am in the habit of broadcasting tasteless jokes in public, but it seems to me that what we do outside of work is our own business. Can this company (a federal gov't entity) do that?What is the name of your state?
 


Beth3

Senior Member
Not that I am in the habit of broadcasting tasteless jokes in public, but it seems to me that what we do outside of work is our own business. Can this company (a federal gov't entity) do that? Yep. Your employer can certainly hold you accountable for how you interact with co-workers outside of work hours and other behavior that reflects badly upon your employer.

To use perhap an extreme example, groping a co-worker in local gin mill after work is just as unacceptable as if you did it in the copy room. It's still misconduct and sexual harassment.
 

mitousmom

Member
Beth3 said:
To use perhap an extreme example, groping a co-worker in local gin mill after work is just as unacceptable as if you did it in the copy room. It's still misconduct and sexual harassment.
Whether groping a co-worker in a local gin mill is misconduct depends upon the employer's rules. However, unless the local gin mill is the "workplace" or the co-workers are there on company sponsored or related business, the groping would not be illegal hostile work environment sexual harassment for which the employer would be liable under Title VII of the Civil Rights Act.
 

sylver_66

Junior Member
Breaking It Down :)

For clarification purposes, I thought I would skip generalities.

The gov't puts on a training every year - we go through several hours of how to deal with/prevent sexual harassment, what not to do in the workplace, etc. This year they are telling us that we can't have a conversation in a public place (away from work) that includes content that another government worker could overhear....if they were to get offended they could get us in trouble at work.

So if Joe from the engineering department overhears me tell Jill a sexist joke at the local bar and he gets offended, he can go to my supervisor and get me in trouble at work (usually a nasty gram in my personnel file - possibly termination).

Can they do that legally?
 

cbg

I'm a Northern Girl
Yes, they can do that legally. It's called third party harassment and is just as illegal as direct harassment.
 

mitousmom

Member
No, it wouldn't be illegal workplace sexual harassment because it didn't occur in the workplace. Hostile work environment sexual harassment follows agency principles of common law and, under normal circumstances an employer is not responsble for what two individuals who happen to work together say to each other outside of the work relationship.

However, employees of the federal government are subject to civil service and agency regulations which can limit their behavior in public whether at work or not.
 
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cbg

I'm a Northern Girl
Well, like I said last time it came up, that may be so, but I sure wouldn't want to be the test case.

However, I will admit that I missed the words, "at a local bar" the first time I read it.
 

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