Legal Question in Sexual Harassment in California
Employer's Use of Offensive video in Employee Mtg.
My employer recently showed a video, in an all-employee meeting, in which a short skit, meant for employee entertainment only, showed a woman on TV seductively removing her blouse to expose a bathing suit top underneath, while a man watching this program exclaiming, ''Now that's more like it!'' As a female employee who was invited to this meeting, I was offended at the objectification and degration of women this video skit portrayed. Am I entitled to any recourse against my employer?
3 Answers from Attorneys
Re: Employer's Use of Offensive video in Employee Mtg.
"Recourse", sure, you can file a written complaint and objection to the incident. But unless this kind of thing happens more than occasionally, it is not sufficient grounds for a suit. If it is a work environment of such sexual matters and harassment, then contact me to discuss suit.
Re: Employer's Use of Offensive video in Employee Mtg.
If your question is, "can you sue your employer for being subjected to an offensive skit?", my question would be, "what are your damages?"
Part of the definition of sexual harassment is that it must be "severe and pervasive". Most courts do not treat one time incidents of the nature you describe as either. However, if this is an indication of a work atmosphere you must put up with on a regular basis, to the extent that it adversely affects your job, that would be another matter entirely.
My recommendation would be to discreetly speak with your employer and explain how you were offended by what took place and request tha you not be subjected to such sexist activities again.
Re: Employer's Use of Offensive video in Employee Mtg.
It was inappropriate for your employer to show that video. If you wish, you should tell (I assume) him that it offended you. If other similar situations were to occur, then there might be a hostile work environment. A finder of fact, though, might not find that this incident, alone, would constitute sexual harassment. It should not happen again. One method of recourse is a complaint to the California Department of Fair Employment and Housing. That agency (although woefully understaffed) can bring the parties together to mediate a dispute, and encourage or order the employer to engage in anti-harassment training.