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Hostile work environment? Sexual Harassment?

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J

Jeana555

Guest
california
Today a coworker of mine(we'll call him Bob) took a female into a storage closet within a main hallway and had her give him oral sex. A female coworker of mine heard noises within the closet and got the manager who opened the closet after drawing everyone's attention to it so everyone could get "a good laugh." One of my male coworkers witnessed the woman in the closet spitting semen out of her mouth into a nearby trash can. Two male coworkers came into my office, discussing the event when "Bob" entered. One of my coworkers pointed out the semen stains on his shirt and "Bob" proceeded to brush it off onto my desk as a joke to me and the others. "Bob" proceeded to brag and make inappropriate comments and gestures. At the time, I laughed along, not wanting to appear "uncool" with my coworkers, but after it was over I noticed it was really bothering me. My manager merely repremanded "Bob" and "wrote him up" which where I work is nothing in particular to worry about. I feel this employee should have been fired on the spot, but my manager is taking it very lightly. I told him how I felt and that this type of employee is a liability to the company as well. He told my that he could not fire him because the company does not like to fire people because they do not want to pay unemployment!!! Also, two of my other coworkers were bothered by the incident. Is there anything I can do? There have been many incidents in the past that are unethical and probably illegal of a wide spectrum.
 


I AM ALWAYS LIABLE

Senior Member
Jeana555 said:
california
Today a coworker of mine(we'll call him Bob) took a female into a storage closet within a main hallway and had her give him oral sex. A female coworker of mine heard noises within the closet and got the manager who opened the closet after drawing everyone's attention to it so everyone could get "a good laugh." One of my male coworkers witnessed the woman in the closet spitting semen out of her mouth into a nearby trash can. Two male coworkers came into my office, discussing the event when "Bob" entered. One of my coworkers pointed out the semen stains on his shirt and "Bob" proceeded to brush it off onto my desk as a joke to me and the others. "Bob" proceeded to brag and make inappropriate comments and gestures. At the time, I laughed along, not wanting to appear "uncool" with my coworkers, but after it was over I noticed it was really bothering me. My manager merely repremanded "Bob" and "wrote him up" which where I work is nothing in particular to worry about. I feel this employee should have been fired on the spot, but my manager is taking it very lightly. I told him how I felt and that this type of employee is a liability to the company as well. He told my that he could not fire him because the company does not like to fire people because they do not want to pay unemployment!!! Also, two of my other coworkers were bothered by the incident. Is there anything I can do? There have been many incidents in the past that are unethical and probably illegal of a wide spectrum.

My response:

Could you please be a little more explicit with the details - - especially those details concerning what you saw in the closet and how much there was in her mouth.

In order for me to research the law in this matter, I require this information.

Thank you.

IAAL
 

cbg

I'm a Northern Girl
I don't want to ruin IAAL's fun, so please feel free to respond to his question in any way you feel appropriate.

However, in answer to your question, I too think that Bob should have been fired; however, the law does not require it. Your management is being very shortsighted as this kind of behavior can lead to FAR more expensive lawsuits than an unemployment claim. And for the record, I find it exceedingly unlikely that someone who was fired for this kind of behavior would be eligible for unemployment in the first place.

As to what you can do, if YOU witnessed what was going on, you can file a third-party sexual harassment suit, as can anyone else who actually SAW or HEARD the sex taking place. If all you did was hear about it afterwards, then you'll have to let someone else file the complaint. I don't think a third-party suit can be filed by someone who did not actually witness the event; feel free to ask a local attorney in case your state statute says otherwise.

It's not clear whether or not the woman who participated did so willingly; if she did not, she can easily file a sexual harassment suit.

May I suggest that if this is the kind of goings-on in your company, you get that resume dusted up and out quickly?
 

Beth3

Senior Member
And if she didn't participate willingly, she may also contact the police and file a criminal complaint for sexual assault.

I can't even BEGIN to imagine the type of workplace where having oral sex (or any other kind of sexual act) at work wouldn't result in immediate discharge - for both parties if it was consensual. :eek:

Jeana, if I were you, I'd get the heck out of there asap!
 

stephenk

Senior Member
Nowhere in the original post is it mentioned that the poster witnessed any of the events. Just because she is bothered by what she heard had happened does not give rise to any claim of sexual harassment on her behalf. the poster has not mentioned anything about Bob coming on to her either.

It's strange that the people complaing in the original post do not include the woman who was in the closet with Bob.

"Today a coworker of mine(we'll call him Bob) took a female into a storage closet within a main hallway and had her give him oral sex."

also could be that she initiated the act.
 

cbg

I'm a Northern Girl
Stephen, if you will read my response carefully you will note that I specified that she cannot make any claim if she did not see or hear what was going on, and also that I did make reference to the woman in the closet.

A couple of years ago I went through 20 hours of sexual harassment training. It was made quite clear to us that "Bob" does not have to come on to her personally for her to have a claim AS LONG AS she was forced by proximity to either see or hear what was going on, if I may use this particular case as an example.
 
G

GoforLaw

Guest
this is a hostile work environment

This is not a case of sexual harassment of the female employee who was giving oral sex, and plaintiff's contamporaneous awareness of that harassment (thus also harassment by law). Rather, it is a case of hostile work environment, and Bob did subject the person asking the question to direct unwelcome sexual advances, conduct or comments, such as brushing off his semen onto her desk and making inappropriate sexual remarks.

It also sounds like the conduct was "so severe or pervasive" as to "alter the conditions of the victim's employment and create an abusive working environment." Under FEHA regulations, "harassment" can include:

-- verbal harassment, such as epithets, derogatory comments or slurs (or repeated romantic overtures, sexual comments and jokes or prying into one's personal affairs);
-- physical harassment, such as unwanted touching, rubbing against someone, assault and physical interference with movement or work; or
-- visual harassment, such as derogatory cartoons, drawings or posters, lewd gestures or leering. [2 Ca Adc § 7287.6(b)(1)]


If if you company did not do enough to discipline Bob (i.e. you feel he shoudl be fired), file a complaint with the California Department of Fair Employment and Housing (http://www.dfeh.ca.gov/). Your employer will be embarassed and probably forced to do something more, and the good news is that they cannot fire you or take any negative action against you for making the DFEH complaint.

Also, you might have a civil claim for "hostile work envornment" against the employer, depending on how long this kind of stuff was going on and what they knew or should have known about Bob's conduct. Contact a good California employment lawyer.
 
Beth3 said:
I can't even BEGIN to imagine the type of workplace where having oral sex (or any other kind of sexual act) at work wouldn't result in immediate discharge...
I believe it is this discharge issue that my colleague was referring to in the first reply.
 

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