Legal Question in Sexual Harassment in Tennessee
Observance in the workplace
I work in an open-office environmentwhere there are approximately 15 employees and 3 supervisor present. Some of these are employees working under contract, independent of the company. One individual in particular(who happens to be good friends with the Senior Manager in the department) can be periodically be observed giving or receiving back-rubs from one of our full-time female employees. The verbal exchanges between these two are sometimes replete with sexual sounds or words of sexual connotation or inuendo. Albeit this is done in a jestful, playful manner, it is still, nonetheless an uncomfortable thing to be exposed to. Others besides myself havee observed this behavior and have agreed that it is inappropriate for the office -- but the management does nothing to deter it from happenning.
My basic question is -- does observation of this and/or being exposed to it on an almost continuous daily basis constitute ''sesxual harrassment'' ?
Thank you for your input.
1 Answer from Attorneys
Re: Observance in the workplace
It may if it affects a term or condition of your employment. The more likely answer though is that it does not because you have to prove that this conduct is harassing to you based upon your gender.
Has anyone made a formal, written complaint to senior management or the ownership? This would be the first place to start.
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