Re: Are pictures OK

Grab ass is usually considered sexual harassment, if the recipient considers it offensive. The circulation of pictures would most probably be considered sexual harassment because it apparently interferes with your job and is making your work environment unpleasant. Call me if you would like to talk. (301) 452-1888. Otherwise I suggest you visit the following website, http://www.sqnlaw.com/sexhar.

Re: Is Publication of Sexually Suggestive Pictures Okay?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Some key points are: The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

Physical interaction that is sexual in nature constitutes sexual harassment. If you have complained about offensive touching and no action has been taken then you likely have a basis for making a claim against the business.

You may also have a claim against the individuals personally (this is another matter).

The bottom line is you simply do not have to tolerate this unacceptable behavior and unwanted intrusion of your person.

The up-skirt picture is another matter. You probably recognize that this was not a smart thing to do. Nonetheless, it is not acceptable for the picture to be spread within the business with the apparent intent to demean or degrade you.

The unchecked publication of the picture after notice to management to the contrary may be used as evidence of the depravity of the environment in which you work. More damaging is that the publication has been perpetrated by someone who is entrusted with a responsibility to address sexual harassment. This all goes to the environment and responsiveness of management which tends to accentuate your claim.

Simply put, it may appear that you invited inappropriate behavior on the part of your co-workers but this does not absolve management from responding. People make mistakes.

Once you have made clear that you do not want the unwanted sexual intrusion, management has a responsibility to act upon your clear indication to “stop” and take action accordingly.

Contact an attorney. I may be reached at (410) 799-9002 or by return e-mail.

Re: Does Unwanted Sexual Advance Constitute Hostile Work Environment?

Another matter may exist with hostile work environment where there is unwanted sexual harassment.

“Hostile work environment” may be based upon harassment, speech or conduct that is

1. “severe or pervasive” enough to create a “hostile or abusive work environment”

2. based on race, religion, sex, national origin, age, disability, veteran status, or, in some cases, sexual orientation, political affiliation, citizenship status, marital status, or personal appearance, and

3. for the plaintiff and for a reasonable person.

Many hostile environment harassment claims have nothing to do with abusive or demeaning speech, for instance when a harassment claim is based only on offensive physical touching or vandalism or discriminatory job assignments (which, by the way, generally most of these are seen as “harassment” rather than “discrimination”).

Contact an attorney. I am available at (410) 799-9002 or by return e-mail.