Legal Question in Sexual Harassment in Arizona

Re: Is this harassment?

One off-hand comment does not generally rise to the level of an illegal "hostile work environment" required to prove a harassment claim. However, the comment itself could be seen as gay-bashing (or curiosity). Obviously it made the gay employee uncomfortable enough to report it. Taking action to educate the offending employee, and possibly to separate the two employees if this comment is indicative of more pervasive behavior, would be smart. You should document all corrective actions you took, just in case this situation deteriorates further, and a charge is filed with the EEOC.

The law knows people will be people, and it will not hold your company liable for employee to peer harassment as long as you take immediate corrective measures. You also have responsibility under the law for training - to make sure your employees have adequate training in civil rights laws, and how these laws apply in the workplace.

On the good side, you are obviously doing something right if your employee knew who to talk to and felt comfortable coming to you with her concerns.

If you want more information on what behavior counts as discrimination, and how to deal with it, you might want to double check the many publications available to download or order through the EEOC's web site. The web site is www.eeoc.gov. Also, my firm does quite a bit of employee and manager training in this area, and also in the conflict management and alternative dispute resolution areas. If you have any further questions, feel free to contact me directly.