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View Diary: A Staff Member Can Solicit A Guest For Sex If They Want To. (154 comments)

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  •  EEOC on a single request? No (2+ / 0-)
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    OleHippieChick, jpmassar

    If I hit on a co-worker at work up to and including openly asking for sex and she said no and I never asked her again.. I would have ZERO liability under EEOC.

    If I persisted THEN its clearly a hostile work environment, especially if she made it known to management and made it clear this was unwanted and they did nothing to address it.

    OR... if I was in a position of authority over her, either directly or indirectly, where she felt somehow compelled to agree or fearful of consequences for saying no.

    But management almost never has liability for someone's single-event behavior.  They have liability for failing to address or acknowledge that behavior.  And this is still not a "legality" issue in a sense of calling the police.  Its not criminal at all.  Could someone sue? Pfft... this is America; anyone can sue.  

    To wit:  I fired a senior engineer once a few years ago in this kind of situation.  The guy was waiting outside my office to meet on some routine project and started talking to my much younger and relatively attractive female assistant (who was a temp from another department no less!).  I forget exactly what was said but it was some kind of suggestive half-joking but half-not blowjob comment.  I kid you not.  The poor girl worked the entire day embarrassed as hell and didn't tell me until right before she left.  I had to call HR, get a statement from her, document times, etc.  We called him in first thing the next day.  His excuse was like "What?  I was just messing around." which we took as confirmation that he actually discussed getting a blowjob from my assistant and fired him.  He was in and out in no more then 40 mins.  

    EEOC liability for me or my firm:  ZERO.  She couldn't win a lawsuit over that with the best ambulance chaser in town.  Its not my fault some ass-hat on payroll commits an egregious first-offense in the workplace.  All that matters is how we handled it.

    Unless you are taking my comment a bit too literally and saying that if I just went around asking everyone and anyone for sex all day everyday, um yeah... clearly management would have to do something.  Immediately.

    Красота спасет мир --F. Dostoevsky

    by Wisper on Mon Feb 25, 2013 at 12:09:28 PM PST

    [ Parent ]

    •  Awful as it was for her, a day of embarrassment (1+ / 0-)
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      doesn't equal a lawsuit, especially since you took action ASAP against Mr. Funny, who was "only fooling around, just kidding, she couldn't take a joke, she took it all wronnng."

      Shelters should not be co-ed. They should be run by people with a sense of decency, at the very least. Complete reform is needed if this is the norm in Florida. As a Florida resident, it's embarrassing to us to constantly have these worst-case scenarios happen here.

      I ♥ President Obama and have his back.
      "He went to Harvard, not Hogwarts." ~Wanda Sykes
      01/01/14 is 2014. End war on Afghanistan.
      Blessinz of teh Ceiling Cat be apwn yu, srsly.

      by OleHippieChick on Mon Feb 25, 2013 at 12:58:51 PM PST

      [ Parent ]

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