Legal Question in Sexual Harassment in Florida
sexual harassment participating behavior
can a person claim sexual harassment/hostile work environment when others he/she works with and the complainant him/herself engages in the same type of behavior as the alleged violator? i.e. - co-workers joke about matters of a sexual nature with the complainant but one person only is accused of the offending behavior?
1 Answer from Attorneys
Re: sexual harassment participating behavior
It depends on the details, but the people who complain have to be offended to the point that their work is interfered with or their careers are affected. If they engage in the same behavior, then they are not offended and probably cannot make out a case of harassment.
On the other hand, the company might be liable if it is aware of the matter and does not put a stop to it.
It is also possible that the person complained of engaged in behavior much worse than the others.
In short, there are no easy answers. Each case is dependent on the particular facts of the matter.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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