Legal Question in Sexual Harassment in Virginia
Two employees of equal company status had on occasion greeted each other with a hug. At a recent outing the male associate was sitting in a chair when the female approached, asked how things were going and squeezed her associates shoulders. The male said please don't do that, I don't like to be touched upon which time the female immediately said sorry and left the room. Several days later he became upset over some work related issues with the female and at that moment claimed sexual harrassment. Is this a legitimate claim on his part considering that previously he had hug this female hello? Thank you
1 Answer from Attorneys
Sexual harassment under these facts? No, I don't thinks so, unless there are further implicating facts to be disclosed, this type of claim would have virtually no chance of surviving the scrutiny of the 4th Circuit Court of Appeals in Richmond(in my opinion) based upon the conservative position this Court has taken in regard to past cases on appeal involving claims of sexual harassment.