Legal Question in Employment Law in Maryland
Inappropriate to what degree?
To what extent is it inappropriate for a member of upper management to discuss the nature of his secretary's surgery (mastectomy) with other employees of a construction company, or to make jokes about a female employee being taken from a job site with chest pains which were thought to be a heart attack? Is it also inappropriate for said management to suggest that the secretary needs to go up and down steps several times a day to maintain her weight to ''keep her husband happy''? The HR dept implies that the secretary is too sensative and needs to learn how to deal with employer.
2 Answers from Attorneys
Re: Inappropriate to what degree?
You should talk to an attorney about the requirements of a �hostile work environment� claim. One of the requirements of a hostile work environment claim is that the situation is �severe or pervasive�. In considering severity, courts consider the extent of the unreasonableness of conduct -- whether it is speech, offensive physical touching, vandalism, or discriminatory job assignments. Some acts that tend to ostracize, embarrass, or ridicule an employee are considered unreasonable. When considering pervasiveness, the courts generally consider the timing of the incidents. If a court finds the behavior is severe or pervasive, it will consider the effect of inappropriate behavior on an employee�s ability to perform his or her work.
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Re: Inappropriate to what degree?
It sounds to me that you may have an employment related claim. Hostile work environment and gender discrimination is not permitted. In order to have a claim you must have a basis in race, sex, age, or disability/handicap. Contact an attorney.
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