What can I do about a potential sexual harassment claim?

Question Details:

I had called a co-worker I have known for years pretty. Because she was calling herself ugly and wanted surgery to fix it. The next night I was approached by her angry boyfriend, who harassed me, and threatened to press sexual harassment charges if I did not apologize. I want to know if I have any rights here? I have talked to a supervisor at work who has done nothing, and that very day I filed a criminal complaint on that fella who harassed me. I also have a petition from eyewitnesses at work that night saying I did not harass his girlfriend.

Asked 11/9/2009 under Employment and Labor | 175 View(s) | More Legal Topics

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Employment and Labor Law Answers

If this is the only remark you've made to this co-worker, that has to do anything with her appearance or anything like that, I wouldn't worry.

Sexual harassment claims take two basic forms.  One of these is direct, where the victim is pressured into sexual activity by threats against her job;  the threat doesn't have to be an open one, if the victim's supervisor is the other person involved.  That doesn't apply here.  This, instead, would have to be what's called a "hostile work environment" claim, based on inappropriate sexual remarks (and/or, less commonly, behavior);  while a single very offensive remark can be enough (for example, as in one case, a county sheriff calling one of his African-American officers a "junglebunny"), it usually takes a number of relatively minor remarks like yours to make this fly.

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