Legal Question in Sexual Harassment in Tennessee

Pornographic stuff on a computor at a County offic.

What is the next step I can take after reporting finding pornographic material on the computor I have to use at work? It took the County Exe. a week to act

and then had someone take it off and say he would not have the incident investigated. He is planning to run for office again. Is it legal for the sheriff not to investigate this kind of violation after it has been reported to him? The man that had it on the internet was my immediate boss and was merely allowed to resign.


Asked on 2/15/01, 9:39 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Pornographic stuff on a computor at a County offic.

Generally, the law of sexual harassment gives an employer 2 possible safe harbors against complaints. The first is if there is an established complaint process and the employee fails to avail himself or herself of that process for resolution. The second is if the employee does make a complaint, then if "prompt and appropriate" remedial action is taken the employer is safe from potential liability.

The extent of "prompt and appropriate" is fairly nebulous and would take much more space to thoroughly answer than can be used here. However, the short definition is if the harassing conduct is stopped shortly after notice is given to to the employer, then the employer is safe.

Your situation seems to present a factual situation in which it is likely that the employer took prompt and appropriate remedial action to terminate the harassing conduct. I would recommend that you speak with an experienced labor and employment law attorney, however, to determine if you may have some other recourse.

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Answered on 4/03/01, 4:36 pm


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