Employee’s sexual harassment claims advance to trial because boobs


Recently, I’ve focused blog posts on some quirky cases that make you think a bit. Yesterday, was the FMLA in Vegas case. Last week, was the EMT who argued that getting fired for groping a co-worker was discriminatory in light of his employer’s decision not fire an employee who hit a patient.

Today is not one of those cases.

This one is some OG sexual harassment.

Call it a little reminder from your blogging savior that when a male supervisor: 

  • tells a female report that she has “perfect breasts,”
  • comments that she has a “nice rack,”
  • remarks that he is only with his girlfriend because of her breasts,
  • stares at the female report’s breasts on multiple occasions, and
  • tells another coworker that the perfect woman had the female report’s “tits,”

A jury could find that this behavior constitutes unwelcome sexual harassment. Why?

  • Breast fixation = mommy issues behavior based on gender;
  • numerous booby comments over a few months qualify as pervasive;
  • That ish is creepy both objectively and subjectively; and
  • If the employer learns about the problem and doesn’t take reasonable steps to correct it, then it’s really on.

Unless you operate a gentlemen’s club, don’t allow this kind of behavior in your workplace.