If my boss is looking at pornography at work and in order to go to the bathroom I have to walk past it, what can I do?

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If my boss is looking at pornography at work and in order to go to the bathroom I have to walk past it, what can I do?

I work for an insurance broker. He makes it very uncomfortable to be at work since he is either drunk or on drugs and always looking at pornography. It has gotten to the point that I am afraid to go to the water cooler, bathroom or copy machine because I don’t know what disgusting things I may be subjected to.

Asked on December 19, 2011 under Employment Labor Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he owns he business, check your company handbook and then quietly go to the state labor department, the Equal Employment Opportunity Commission and private legal counsel (go to the legal counsel first). You are being harassed it appears and perhpas others are as well. Most laws in most states (and the rules and case law) are on your side but you need to tread carefully because while you cannot be fired in retaliation you need to protect yourself from simply being fired just because. If your company has an H.R. department, then perhaps you may wish to express your concerns to them (and see if it can be done anonymously) such that it can issue a reminder to all to not watch pornographic things in the office or use substances that impair their ability to perform their jobs. You may also wish to file an anonymous complaint with the agency that regulates your boss or the company (Insurance Department) so that maybe auditors can make a surprise visit.


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