Legal Question in Sexual Harassment in California
Weight Issue
I was reported to HR Manager by a female employee who overheard a conversation I was having with a fellow worker in regards to female stomach or bellies. She complained to HR manager that she was uncomfortable with it even though I did not tell her directly and she overheard it. She had been going around telling people at work that I am being reported and repremended for sexual harassment. I had a meeting with HR manager and he told me to cut down on non work related conversations. Since then, she has been coming around me whenever I am having a conversation or about to start one. She is always trying to listen to my conversations and asking people around if I have told anyone about what happened. I have not told anybody about the complaint that she had filed even to my manager. Yesterday, while having a conversation with a collegue about his girlfriend's inscurity about her weight, The person that complaint came near us and discreetly listened to our conversation. I was telling the collegue that my wife had gained a lot of weight since we met and that it is due to her being comfortable. Now, I am afraid the person will complain again. If so what should I do? I have documented all the events at work since the last complain
3 Answers from Attorneys
Re: Weight Issue
First, take the HR Manager's advise and stop talking about women's bodies at work. You know this women is looking for ammunition to use against you, so why take the risk of giving it to her?
Second, provide the HR Manager with specific information you have of who this woman is talking to about her complaint about you. Responsible HR Managers would tell the complaining party not to discuss the matter with anyone. She could be violating an express directive and appropriate messures should be taken.
If management knows she is trying to get you in trouble, they should put her complaints in proper perspective. But don't make it easy for her by engaging in conversations that could be turned against you.
Re: Weight Issue
You didn't take the good advice given, to stop non-work discussions. Better late than never. So, now you are left with trying to defend yourself by showing the complainant is using company time trying to trap you. Good luck.
Re: Weight Issue
As a follow up: you would be well advised to start looking for a new job. It will be a lot easier now, while you are still employed, rather than after being fired for sexual harassment.
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