Legal Question in Sexual Harassment in Tennessee
Employer Sexual Harassment
I have a question on the subject of sexual harassment in the workplace. An employee was violating department rules by text messaging while at work. I had received reports from shift leads about this and tried to catch her in the act, but was unsuccessful. I then used poor judgement and used my own personal cell phone to gt her to respond. After a few back and forth responses I felt as if she was figuring it was me, so I sent a message about her being sexy and beautiful. But nothing of any type of advance or sexual favor. She later found out it was her boss and complained of sexual harassment. Would this be considered harassment if there were no sexual intentions?
1 Answer from Attorneys
Re: Employer Sexual Harassment
Depending on the existence of several more facts, this could constitute sexual harassment, but it may not be actionable. Basically, what you have done probably would violate your company's policy. This would mean that you could expect some response from the employer. However, while it would probably violate the policy, it would not be something about which the employee could file a lawsuit.
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