QUESTION
Is it sexual harassment if my manager told me I remind him of a porn star? He''s said it twice in the last 3-4 months now and I''m really uncomfortable.
Asked on Jun 06th, 2012 on Sexual Harassment - Kansas
More details to this question:
He is the assistant manager at a hardware store that I work for, and I am one of the few females that work there. He has approached me twice now, and said that because of the way I style my hair and color it, I look like some porn stars he has seen in pictures from some adult video convention in Vegas. He also told me that I reminded him of Wendy O''Williams (?) who was apparently a singer and did porn on the side, and he described to me how she would come out on stage topless with tape over her nipples. There were witnesses for both times, but no one ever said anything to him and I''m uneasy about approaching him about it. Another time, I was talking to a coworker, and the same manager came up and interrupted our conversation to tell us about a magazine article that showed surveys about married couples being more kinky in bed than single people and asked me what I thought about it (I''m married). Is this harassment? It really makes uncomfortable but I''m not sure if it is or not.
1 ANSWER
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John J. Ratkowitz
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Activities like the one you described constitute sexual harassment. You're entitled to have a workplace free of this kind of behavior. The company that you work for is supposed to have policies and procedures in place so that you can report this behavior so that it can be stopped. You should contact human resources or the manager of the store to report the behavior. If the company fails to remedy the situation you have a valid claim for sexual harassment under the law. If they take action against you for reporting the assistant manager you would have a retaliation claim.
If you need to contact a lawyer you should speak with a local attorney who specializes in employment law. They usually take these cases on a contingency basis and they provide free consultations.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com
Answered on Jun 07th, 2012 at 10:31 AM