Legal Question in Sexual Harassment in Georgia

Re: sexual harassment

The only thing that is unclear from your question is what is the "agent". Your employer is not usually liable for sex harassment by non-employees, such as vendors who come on the premises, but can potentially be for its employees. So, assuming the agent was an employee, his unsolicited action in handing you an obvious porno tape is potential sexual harrassment, but it only becomes so when it should be clear to the harasser that the conduct is unwelcome. So, the person should simply hand him back the tape and tell him you don't want it, you don't appreciate his offering it and what it might imply, that his conduct in doing so was unwelcome, and don't do it again. Back it up with a written warning directly to him. Check to see if your company has written sex harassment policy so you know what to do if he persists. For now, it sounds a little premature to complain to the company or EEOC of sex harassment, but the potential is now certainly there so you need to take preemptive steps.

Re: sexual harassment

I think I should clarify what I meant by a written "warning" to the agent (again, assuming he's an employee). I am not talking about something one might get from personnel saying you could be terminated or sued if this persists. Just a short note that says "Hey, Fred, your action yesterday in handing me a porno tape I found offensive and unwelcome. Please do not do anything like that again as it makes me very uncomfortable. Thank you. Make it a request for sensitivity rather than a demand, so if you do end up having to complain, management cannot accuse you of ursupring their authority.

If you tell him in front of a few witnesses you can trust, you may not need such a written notice. But, if he's done things like this before and has been on notice that sexual innuendo, etc. is not welcome, you probably should compain to management now. Check you company's sex harrassment policy, if any.