Legal Question in Employment Law in Minnesota

Is this harrassment?

I've worked for a large company for 7

years & have a very good work &

attendance record. Today I was called

into the Human Resources office & was

written up for ''harassment.'' I was told

that yesterday a co-worker whom I have

worked with for a few years (not closely

or on the same projects but enough

that we are not strangers and cross

paths several times a week) came in and

made a complaint about an incident

that happen 2 weeks ago. This co-

worker is pregnant & when I noticed

how large the otherwise slim person is

getting I said, ''Hi chubby, how're you

doing?'' indicating her belly. She

responded that everything was going

well. A short time later I saw her in the

break room eating cookies & I jested

that now I knew how she was getting so

big. That was all that was said & we

went our own ways. She now says that

she was very offended that I called her

''chubby'' & it made her feel

uncomfortable coming to work. I was

told that she is in a ''protected'' class

being pregant & whether my jests were

seemingly harmless, I could be taken to

court simply because she says it made

her uncomfortable. Is this joke gone

bad really a harrassment case?


Asked on 12/13/06, 2:28 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Is this harrassment?

Check your calendar: IT's 2006. Your comments may have been tolerated in the 1970's, but these days it would likely be considered contributing to a hostile work environment. Were you docked or disciplined? If not, just chalk it up to experience and say hello to the Politically Correct era of humorlessness in the workplace.

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Answered on 12/13/06, 3:59 pm


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