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.