Legal Question in Sexual Harassment in Virginia

Is this sexual harassment?

Beginning of August: Supervisor C and Breakfast manager were discussing Supervisor's breasts, and Supervisor thrust out her chest and asked if Manager wanted them "Queen Size", then pulled her chest back and and asked "or deflated?"

Supervisor was discussing her romantic involvement with coworker's father, explaining how she had kept him up all night so he got very little sleep, etc. While not explicitly detailing the evening, the implication was sexual in nature.

Co Worker was told by another co worker to "put the meat underneath", meaning put the ham that was pre-portioned for breakfast sandwiches in the lower cooler. His response was "That's what SHE said", turning an innocent request into a sexual innuendo. This is a constant type of occurrence in this store.

Since day one, GM, supervisors, and coworkers have addressed me and others as "darlin", "baby", "honey", and "punkin".

Sept 21

talked to Supervisor H about environment while I was on break, gave examples (that's what she said!), and that I didn't like all the "hon's" and "darlin's", etc. She said it was a habit, and when she left, she said "I'll see you inside hon".

A lot of talk about GM's "boytoy".

Sept 24

Supervisor was trying to change the paper towels, and having trouble getting the key into the dispenser. Coworker asked "Having problems finding the hole?" in a sexually suggustive manner. Supervisor said she didn't want to hear it, but when Coworker continued on in the same manner, Supervisor just laughed it off.

Sept 27

Spoke to the same Supervisor again about being displeased with the environment at work, when she told me "I can't leave her there", following a conversation with a GM that is in training.

Coworkers flirting. Coworker came up to me and pressed her breast into my arm several times, trying to look at a paper that I had in my hand. When I moved away the first time, she came up again and repeated the press.

October 12

I showed GM a pan of biscuits that I had made where they were all perfect, she responded by blowing me a kiss.


Asked on 10/13/09, 2:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, in the 4th Federal Circuit, a claim of sexual harassment based upon what you've described would probably not survive a defendant's motion to dismiss under FRCP 12(b)(6) or motion for summary judgment under FRCP 56. (in my opinion).

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Answered on 10/23/09, 1:53 pm


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