Legal Question in Discrimination Law in New York
Work harrassment
I have been working with an
employee that is openly homosexual
and at times will flaunt his sexuality.
As an example this employee will
vividly describe nightclub encounters
(sexual in nature) or may mention
that he views pornographic videos
with friends. As a result of this
employee's flamboyance other co-
workers (including myself) have
joked about his flamboyance and
sexuality. As it turns out this
employee now is threatening a law
suit against certain individuals within
the company and I'm wondering if
he has a case against us. Keep in
mind that this is the first time we
are hearing he is feeling harrassed.
Please advise.
2 Answers from Attorneys
Re: Work harrassment
I would not be surprised if the employee suddenly found that the environment was "hostile" when he read about the lawsuit against Sullivan and Cromwell by an associate.
In response to your questions, if an EEOC or State investigation commences,
emphasize that it is important to tell the truth about this the way your question did.
It sounds as though the employee started the joking, and now is complaining because others joined in. It was a way to relieve the tension of the situation, and if that is where it remained and there was no adverse employment action, then you will have no trouble.
Re: Work harrassment
I would advise that you proceed with caution. Overall some people who tend to be the most out there tend to sometimes be the most sensitive. As a result of his actions you may very well have a good defense if such a suit is brought against you. Please feel free to contact my office for further discussion. You can reach us through the email address provided below or call us directly at 2127098303 or you can visit our website at www.cgonzalezlawfirm.com
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