Legal Question in Employment Law in California
Invasion of Privacy
I work for a Federal Government agency that has a training every year for subjects such as sexual harassment, behavior in the workplace, etc. This year, we have been told during this training that if we are in an area away from the workplace (a restaurant, bar, etc.) and during the conversation with whomever we are with we are overheard by another employee (eavesdropping, apparently) who works at the agency saying something that this employee does not like or finds offensive (a joke perhaps), that employee can go back to the agency and get us in trouble with management. The employee can do the same thing if we say something directly to them in a forum away from the workplace. What are the legalities involved? Can the federal agency do what they claim?
1 Answer from Attorneys
Re: Invasion of Privacy
Based on how you phrase your question, probably not. While it is conceivable that words or actions outside of the workplace can lead to a legitimate complaint for sexual harassment, there must be some connection involving the job, and the words or actions must meet the "severe and pervasive" requirement. An offensive joke or comment by a co-worker, even within the workplace, generally does not constitute harassment. The hypothetical you pose should not be grounds for discipline.
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