Legal Question in Sexual Harassment in California

Re: Innapropriate Comment

You are best to refrain from ANY comments no matter how harmless you might think they may be. The standard is what a reasonable person would find inappropriate. If in doubt, don't say it.

Re: Innapropriate Comment

Such a comment could constitute sexual harassment. However, a single, isolated comment generally will not be actionable. However BEWARE - such a comment may violate your employer's harassment policy potentially giving rise to discipline.

Re: Innapropriate Comment

Thanks for your posting.

In California, the Department of Fair Employment and Housing handles sexual harassment complaints.

The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions.

The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser.

Of course, under the limited facts you have given, it is not even clear whether or not any of the definition elements have been met. Part of it depends on whether or not in combination with other factors, a "hostile work environment" has been created.

Best of luck to you, and Mr. Cortson's comments regarding watching what you say are certainly appropriate.

Re: Innapropriate Comment

It could very possibly be considered sexual harrassment. You could find yourself in hot water, especially if she complains.