Legal Question in Business Law in California

nude pictures from co workers

nude pictures from co workers that they say is a joke. should this be allowed between co workers no matter the sex. my wife is sent nude pictures of other men by other women @ her job i dont like even though she thinks its ok.


Asked on 5/21/08, 7:01 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: nude pictures from co workers

It's not suitable for the workplace, and any boss who hasn't been in a cave since 1980 should react very quickly and decisively to stop it.

Do your coworkers not realize that most employers monitor their employees' computer use???? And isn't there a requirement that employees at your company have to take sexual harassment training????

Keep careful written diaries -- not on your company's computer but on paper, at home -- if a reasonable woman would be offended by the practice, and the company doesn't do anything about it, maybe someday you could have a big sexual harassment lawsuit. If you do decide to make a legal claim, see a lawyer first and watch out for legal time limits.

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Answered on 5/21/08, 7:14 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: nude pictures from co workers

What Mr. Stone says is correct, but I think he overlooked the fact that your wife is OK with this. Such conduct only becomes a legal problem when it is unwelcome -- and when management knows about it but doesn't try to stop it.

Your email does not suggest that management is aware of these emails. More importantly, it says your wife isn't upset by them. She can't sue if she isn't bothered by the emails. You can't sue either, since you aren't the one receiving the emails. The fact (which you don't expressly state but which is implicit in your post) that you don't work there is another reason why you can't sue over this.

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Answered on 5/21/08, 9:15 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: nude pictures from co workers

I agree with Mr. Hoffman. Practices like this are not considered contrary to law unless and until an affected employee complains. On the other hand, a careful employer may prefer to short-stop any problems by setting and enforcing a policy against it before the complaints have a chance to begin.

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Answered on 5/22/08, 2:17 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: nude pictures from co workers

IF she is uncomfortable with the pictures then she may file with the DFEH a complaint for sexual harrassment. Contact me directly.

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Answered on 5/22/08, 11:20 am


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