Legal Question in Employment Law in Florida
Work place jokes based on sexual orientation
can jokes in the work place based on sexual orientation i.e. gay jokes, be considered harrasment, when they are not directed toward any one individual, or are such comments covered under the 1st. amendment?
1 Answer from Attorneys
Re: Work place jokes based on sexual orientation
According to EEOC guidence a man as well as a woman may be the victim of sexual harassment and a woman as well as a man may be the harasser. The victim of sexual harassment does not have to be the opposite sex from the harasser. Certainly, sexual harassment includes such things as unwelcome sexual teasing, jokes, remarks or questions. However, that said, a stray or isolated joke would probably not rise to the level of harassment. Hope that information helps.
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