Legal Question in Sexual Harassment in Georgia

Work Related

Since perception is involved, is it considered sexual harassemnt if you are not told by the individual they are uncomfortable, but rather that individual goes above your head and notifies your supervisor or manager?


Asked on 8/15/03, 1:47 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Work Related

The fact the individual complained to the manager is not enough to make anything sex harrassment. If it is something you should reasonably know would make most people feel uncomfortable and create a sexually-charged work environment, with extreme examples being exposing oneself, or making sexually explicit remarks about somebody's anatomy, it would be an act of sex harrassment because you are already on notice the other person would be likely to find it offensive. On the other hand, if it is just a funny glance, or a slightly off color joke, it would not by itself be sex harrassment unless the other person at that time puts you on notice that the conduct makes them feel uncomfortable. Repeating the behavior thereafter would then be an act of hostile environment sex harrassment.

Most companies have written policies requiring employees to report perceived acts of sex harassment. This does not mean that it is or that the employer will agree that it is. You just have to wait and see what the employer says or asks when they call you in, which they surely will. If the conduct was not itself very outrageous, you will probably get no more than a soft warning to beware and tone down your conduct. But, if the behavior is what would commonly be considered extreme, you could be fired.

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Answered on 8/15/03, 2:57 pm


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