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Accused of it

On Lawyer & Legal » Employment & Labor Law

9,762 words with 10 Comments; publish: Tue, 12 Apr 2005 23:58:00 GMT; (80046.88, « »)

The state is: florida

My brother stands accused of sexual harrassment by a female co worker, now granted he is a bone head, but the accusation was about a statement made, not a pressure for favors etc

On numerous occasions the accuser along with others sat around at lunch and break and told off color stories and joked with each other. It was not touching, or boss employee it was 2 coworkers who had bantered back and forth in the past, as witnessed by many, now when he made a joke (so he thought), she went to the HR department and filed a harrasment complaint, he stands to lose his job.

I guess my ? is, when past history shows that all involved have made remarks in a joking manner, if something is said that offends someone, shouldnt that someone notify the offender that the words were offensive and not do it again or should they be allowed to make an accusation of harrassment to the HR department and have the employee fired.

We all work together, when did banter become harrassment? And I am in the management side of this company and have witnessed the joking and bantering, but because I am related to the accused, my part/story/version is disallowed, altho brother or not, if i felt he was harrassing some one I would be the first to be on his case..

If you dress in a maner at work that invites stares, are you not just as guilty as the starer?

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  • 10 Comments
    • absconder, go back and read my post in this thread. You are SO wrong.

      Katy, a "come to Jesus" meeting is one in which your boss, manager, HR, upper management, someone like that, sits down with you and warns you that such and such behavior is not acceptable and tells you what the consequences will be if it continues.

      #1; Thu, 14 Apr 2005 07:23:00 GMT
    • If this bimbo participated in the joking before as you state shes just as guilty. It seems maybe a complaint could be justified against her.
      #2; Wed, 13 Apr 2005 23:24:00 GMT
    • todays sexual harrasment rules are insane. anything that someone finds to be offensive is good enough. even if you look at someone wrong they can say tha you sexually harrased them..
      #3; Wed, 13 Apr 2005 00:38:00 GMT
    • Belize,

      LOLOL What is a "come to Jesus" meeting?

      #4; Thu, 14 Apr 2005 01:47:00 GMT
    • Quote:
      If you dress in a maner at work that invites stares, are you not just as guilty as the starer?
      You will be no help to your brother as you are just as ignorant a 'bone head' as he is.

      I suppose if your daughter was raped while wearing shorts you'd tell her it was her fault because she word the wrong clothes.

      The telling of off-color jokes, in and of itself, is not sexual harrassment. However, since you're not telling the 'rest of the story' let me fill it in for you.

      YOur statement above suggests that your brother personalized this 'joke' to point to a specific person. In that telling he created the harrassment. It matters not what happened before, only the specific incident that is the basis for the complaint.

      You BOTH need a 'come to jesus' meeting with HR to learn to keep your mouths shut and quit trying to impress others with your banality.

      As for your other response, he's just as big an idiot who wouldn't know the definition of 'harrassment' if it bit him on the butt.

      #5; Wed, 13 Apr 2005 06:03:00 GMT
    • My brother stands accused of sexual harrassment by a female co worker, now granted he is a bone head, but the accusation was about a statement made, not a pressure for favors etc Lewd, vulgar, and inappropriate comments and jokes are the most common forms of sexual harassment. The law does not require that someone be pressured for sex or touched before it constitutes prohibited harassment.

      On numerous occasions the accuser along with others sat around at lunch and break and told off color stories and joked with each other. It was not touching, or boss employee it was 2 coworkers who had bantered back and forth in the past, as witnessed by many, now when he made a joke (so he thought), she went to the HR department and filed a harrasment complaint, he stands to lose his job. Then perhaps your brother crossed the line of what was customary for this group and/or individual to banter about.

      I guess my ? is, when past history shows that all involved have made remarks in a joking manner, if something is said that offends someone, shouldnt that someone notify the offender that the words were offensive and not do it again or should they be allowed to make an accusation of harrassment to the HR department and have the employee fired. NOBODY can have another employee fired. That is entirely the decision of management. If someone feels they are being harassed by a co-worker, they are free to tell the alleged harasser to stop or to report the incident directly to management or do both.

      We all work together, when did banter become harrassment? At the point at which it became sexually inappropriate and offensive to any or all of the participants.

      And I am in the management side of this company and have witnessed the joking and bantering, but because I am related to the accused, my part/story/version is disallowed Because this is your brother, you can be assumed to be biased and thus not credible.

      altho brother or not, if i felt he was harrassing some one I would be the first to be on his case.. Well, that's good but you clearly do not understand what constitutes prohibited sexual harassment and what the law requires.

      If you dress in a maner at work that invites stares, are you not just as guilty as the starer? What does anyone's attire have to do with this? Additionally, someone wearing clothes someone else may find suggestive does not give the starer free reign to say or do whatever he pleases.

      I don't know whether your brother sexually harassed this co-worker or not. That is something management will have to decide.

      #6; Wed, 13 Apr 2005 07:39:00 GMT
    • Quote:
      === Original Words ===

      absconder, go back and read my post in this thread. You are SO wrong.

      Katy, a "come to Jesus" meeting is one in which your boss, manager, HR, upper management, someone like that, sits down with you and warns you that such and such behavior is not acceptable and tells you what the consequences will be if it continues.

      Yep, and cb must have children
      #7; Thu, 14 Apr 2005 07:33:00 GMT
    • Many, many people have participated in off-color banter and conversation, not because they felt it harmless, but because they were uncomfortable with saying that they disliked it and in fact, depending on who else was part of the conversation, they may even have feared for their jobs if they told the others to knock it off. For that reason, having participated in such a conversation is NOT considered to be evidence that they are comfortable with such discussions. A person who may have participated in such discussions for these reasons can still have a legitimate complaint and can still file such a complaint with HR, upper management, or even the EEOC.
      #8; Wed, 13 Apr 2005 12:34:00 GMT
    • Quote:
      === Original Words ===

      You will be no help to your brother as you are just as ignorant a 'bone head' as he is.

      I suppose if your daughter was raped while wearing shorts you'd tell her it was her fault because she word the wrong clothes.

      The telling of off-color jokes, in and of itself, is not sexual harrassment. However, since you're not telling the 'rest of the story' let me fill it in for you.

      YOur statement above suggests that your brother personalized this 'joke' to point to a specific person. In that telling he created the harrassment. It matters not what happened before, only the specific incident that is the basis for the complaint.

      You BOTH need a 'come to jesus' meeting with HR to learn to keep your mouths shut and quit trying to impress others with your banality.

      As for your other response, he's just as big an idiot who wouldn't know the definition of 'harrassment' if it bit him on the butt.

      I had to go to EO classes every month so you can believe that i know what sexual harrassment is..... telling a joke that makes someone feel uncomfortable, is sexual harrasment**..you dont even have to be telling it directly to them, they can just over hear it. and report you for sexual harrasment.... so suggest that you not be so fast to call someone else an idiot---untill you take a good look at yourself....

      Jokes, pictures, touching, leering, unwanted requests for a date have all been found by courts to be sexual harassment in the workplace. Sexual harassment in the workplace can be between people of the same sex. Sexual harassment in the workplace can be a woman harassing a man.

      Sexual harassment is any kind of sexual behavior that is unwelcome and/or inappropriate for the

      work place. Sexual harassment can embrace verbal harassment (i.e. derogatory comments or dirty

      jokes under the right circumstances), visual harassment (i.e. derogatory or embarrassing posters, cartoons, drawing,

      etc.), physical harassment, and sexual favors (i.e. sexual advances, confrontation with sexual

      demands.)

      Sexual harassment is defined as "unwelcomed sexual advances or conduct". Sexual harassment also includes animosity that is gender-based and a sexually charged work environment. In the work place, sexual harassment can come from the owner, supervisor, manager, lead person, foreperson, co-worker and/or customer

      beliezebreeze now what did i say that was not correct--- NOTHING.. I do believe that IDOIT fits you alot better then it does me....

      #9; Wed, 13 Apr 2005 23:13:00 GMT
    • Two, but they're not children any more.
      #10; Thu, 14 Apr 2005 08:02:00 GMT