Legal Question in Sexual Harassment in Florida

Slander towards a minor

My 16 year old daughter went into a

resturant chain to pick up are Togo

order a couple of days ago. When she

went in there was another female in

the waiting area with her (we didn't

know her). My daughter heard two

men in the back of the store

(employees) asking if they would do

her and if she was hot. Is there any

justice that can be done. When I called

and spoke with the manager he was

sorry that she heard that and that the

stuff they where talking about wasn't

about or directed to her. Do I have

anything or would it be really hard to

prove. It is just my daughters word vs.

The employees.


Asked on 6/10/09, 9:14 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Slander towards a minor

You have done what you need to do - complain to the manager. I am not sure what you think you can file a lawsuit for? Sure, it was rude and crude, but she will hear the same or worse at school every day, out with her friends, and in her future jobs. Will she be suing those people as well, even when she just overhears it? There is no general right to not be offended or subjected to offensive conduct. There was no slander, or threat to her based on your post. How she deals with such things in life will likely be determined at home. It does not need to clutter courts (and I can imagine how that would affect her when word of legal action got out). I am not defending the language, and I do support the complaint to management, though that seems to be the norm with fast food, etc.

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Answered on 6/11/09, 7:50 am
Sarah Grosse Sarah Grosse, Esquire

Re: Slander towards a minor

I have to agree with the Georgia attorney, and I am responding so that you can hear it from a woman. As a legal matter, we are not protected from being generally offended by rude or crude language in public. As a practical matter, it is just a fact of life we learn to deal with, and it would be utterly absurd to burden the courts with petty complaints.

That said, certain language under certain circumstances can rise to another level. If the language is discriminatory or sexual harassment in the workplace, it is actionable. If the language reasonably puts you in fear of imminent bodily harm, it is actionable. But, such is not the case in the situation you have described.

I hope you will talk with your daughter about this situation, which is more appropriate than pursuing legal action.

Best regards,

Sarah

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Answered on 6/11/09, 9:02 am
Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: Slander towards a minor

You need a GA attorney

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Answered on 6/10/09, 11:17 pm


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