Legal Question in Sexual Harassment in Colorado

Is it sexual harassment?

I started a new job less than six months ago. Ever since I started working there my other female coworkers have constantly joked about my breast size. They have made jokes, given me offensive nicknames and made rude comments. Recently me supervisor started joining in and just yesterday my office manager made an offensive comment as well when I offered to take on some additional job duties/training and she told me that my breast size would inhibit my work ability/professionalism. I have in the past attempted to laugh at the jokes and let them go, I have also asked that there be no more breast jokes at work. I am not sure what to do next since everyone thinks it is a big joke now. It is becoming excessive and I don't think it is appropriate at work. It also is beginning to drain my self esteem. Is this sexual harassment and if so what do I do?


Asked on 1/10/06, 10:01 pm

2 Answers from Attorneys
Ellen Buckley Law Office of Ellen Buckley

Re: Is it sexual harassment?

What your options are depends somewhat on how many employees your employer has. Federal law only applies to employers with fifteen or more employees. If there are less than that, state antidiscrimination law applies. Time limits for preserving your rights are different under federal and Colorado law. As a first step, you should complain in writing to your human resources department or follow the procedures for complaining about sexual harassmant given in your employment policies and procedures handbook, if any. You should not have to be subjected to this behavior.

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Answered on 1/10/06, 10:42 pm
Francisco Romero F.L. Romero Esq., P.C.

Re: Is it sexual harassment?

Yes it is. You need to submit a formal complaint to either HR or the next level of supervisor in your management line, since your immediate supervisor appears to be a party to the harassment. Keep a journal/diary of daily notable events of these comments - where, when, who, what said, etc. Be mindful of adverse employment actions/activities that might arise as a result of your complaint, that too may be illegal retaliation. Complaint formally of that behavior should it arise. Once the investigation is over, if your employer has at least 15 employees, contact the state EEOC office and file a charge.

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Answered on 1/11/06, 11:39 am


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