Harrassment

[Joanna]

A co-worker posted a naked woman as the wallpaper on my computer. I turned it over to Human Resources at my job and he recieved a final written. But we work in the same cube and when I asked to be moved I was told no. That he got in trouble and I should just get over it. That working together will help us heal faster. But I do not feel comfortable around him anymore. Is it a form of harrassment since they will not move me away from him?

 

[Eduardo de La Jolla]

One thing which you may not have thought of is that they want to get rid of him and are using you as bait they know he will take and because you are not scared. Just a possibility. If he got a final written, then maybe this kind of BS happened before, and now is there chance to put him on the street.

 

[Joanna]

No that is not the case. He has never been in trouble before and they do not want to fire him. I feel like it might be me they are trying to get rid of. My husband wants me to find a laywer since I work for a large corporation.

 

[lawguy]

it probably doesn't qualify as harassment; illegal harassment must be "severe" "pervasive" or "continuous." a one-time event (without physical contact) doesn't usually qualify.

the company's prompt response (a final warning) is likely proportionate to the seriousness of the offense (i.e., it punishes the guy, expresses the company's displeasure, and it stopped the problem), so they did what they were legally required to do.

but, of course, if you're hunting for a lawsuit, it's a claim you can make without needing the talent to falsify a whiplash injury.

 

[Joanna]

I'm not just looking for a case. I just think that after this incident I should be able to move out of the cube. Which I feel is a fair request on my part. I have been told that I should just get over it by management when those same women when asked how they felt would not want to work with him either.