Legal Question in Sexual Harassment in California

Desktop image in workplace

I work in a hospital and 2 men complained about a desktop picture being sexual harassment. Is this valid? Here is the picture off ebay item #330146949101


Asked on 7/15/07, 9:06 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Desktop image in workplace

Offensive is in the eye of the beholder. I suspect you wouldn't have any problem with a woman complaining about a picture with nearly naked busty women in it. Hostile environment is a two way street, and yes, the men could validly complain about the picture. Whether they're doing it legitimately, or to make a politically correct/incorrect point, is up to the company to determine. Good luck in the discipline process that might arise.

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Answered on 7/16/07, 2:00 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Desktop image in workplace

I viewed the artwork, which contains depictions of well-built, half-clothed men in sexy poses. It might be inappropriate in the workplace where others might find it offensive -- men or women. Whether it is sexual harassment depends on where the computer is located, whether everyone has access to it, in the line of sight, etc. I would suggest that it be removed to avoid further problems.

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Answered on 7/15/07, 12:53 pm


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