Legal Question in Sexual Harassment in North Carolina

porno movies

My daughter worked at a restaurant and every night that me or my husband would pick her up the boss would be in there watching porno movies on the TV. And one night i pulled up to get her and my 6 year old see this. And I would like to have him charged with sexual harassment. Can I do that?


Asked on 2/26/03, 11:01 pm

2 Answers from Attorneys

Jim Griffin The Law Office of James L. Griffin

Re: porno movies

The simple answer is No. He is allowed to watch porno movies as long as he does not force his employees to watch against their will. The fact that you and your 6 y.o were on the premises and inadvertently saw the movies does not equal "harassment."

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Answered on 2/27/03, 6:53 am
John Kirby Law Offices of John M. Kirby

Re: porno movies

Hmmmmm. I'd respond as follows: (1) I don't see that you have any grounds for "charging" him with anything. You are not an employee. I do wonder, however, whether the "porno" is visible from the exterior of the building, and whether that might violate some "decency" statute or ordinance. I tend to doubt that McDonald's could put a big-screen TV at the entrance and broadcast DeepThroat to the public to get more business, but I have not researched that issue. 2. The more pressing issue, however, in my opinion, is whether your DAUGHTER has any claim. I am not an expert in this area of law, but this seems to me to smack of a claim of "hostile work environment." This is a form of sexual harrassment claim, distinct from "quid pro quo" stuff. My inclination is that the employer's actions are improper. I believe there are lesser cases, involvoving for example the posting of a nudie-picture, which are found to create a hostile work environment. You (or she) would probably want to consult a lawyer about this. There are a few twists-and-turns here (e.g. I believe the employer must have 15+ employees to be subject to the federal law). (I am also puzzled as to why he is watching that movie in that context, but I suppose that's not a legal question...)

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Answered on 2/28/03, 7:58 pm


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