Legal Question in Sexual Harassment in California

Women & men , and Sexual harassment

Was I in the wrong for bringing an issue to another employee who was making me feel uncomfortable. I didn`t touch her or say anything like I By the way I can see right through your shirt can i play with your breast,no i simply asked her to wear a t-shirt underneith so to avoid any lawsuits of sexual harrassment on both partys & the reason i say this is because these women I`m sure abuse that sexual harassment because they wear these skimpy outfits in which case it turns on the sex drive in a man &gets him thinking she must be easy not all women do this. I`m married to my wife nancy and have no interest in other women.


Asked on 8/22/03, 1:22 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Women & men , and Sexual harassment

It sounds as though you've been accused of sexual harassment. Sexual harassment, by definition must be severe and pervavsive. One time comments generally are not sufficient to be considered sexual harassment in the legal sense.

However, employers have become extremely sensitive to complaints by employees about comments they perceive as being inappropriate. There are many factors that go into determining the appropriateness of a comment, such as the context, the tone of voice, facial expressions, prior history of the commentor and recipient in the employment arena, the type of job being done, just to name a few.

If a complaint has been made against you, you need to cooperate with the employer, and explain the full context of the statement and the reason you made it. You may be told not to make any more such statements. The employer's job is to take remedial action when an employee complains, which may seem unduly harsh but they are trying to protect themselves against a lawsuit.

If appropriate, apologize to the employee for the misunderstanding and express a willingness to put this incident in the past and to move on from there. Most importantly, do nothing that may be perceived as retaliatory.

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Answered on 8/26/03, 12:20 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Women & men , and Sexual harassment

Sounds like you have already been accused of wrongdoing. You should have taken it to management to deal with, however, based on present circumstances I would recommend you contact counsel for an appointment. As you appear to realize, your job may be on the line despite your culpability. 800-685-6950

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Answered on 8/26/03, 12:48 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Women & men , and Sexual harassment

Sir, if you have no interest in other women, why are you concerned about the skimpy outfits, etc., leading to sex harassment? Why not just ignore how they dress and say nothing? Yes, I agree with the others. You may be in a little trouble here. You need to be very compliant and maybe even a bit apologetic if you want to protect your job. It is very unlikely to be fruitful to make a test case of men being sexually harassed by the presence of scantily dressed women.

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Answered on 8/26/03, 9:16 pm


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