View Full Version : Ethical Question/Sexual Harassment?
oliegirl
08-17-2007, 11:31 AM
I was just discussing something with a girl I with. Our former manager, who is no longer with the company, found her profile on AdultFriendFinder.com. Although she doesn't have any "naked" pictures up, she does have a face pic, as well as some pictures of her in a bra, so there is no actual nudity. She had a number of issues with the manager while he was here, and immediately prior to his leaving the company, he was gone for a month - we suspect he was in some sort of rehab facility or mental health facility. Anyway...to make a very long story somewhat shorter, he told me before he left the company that he had found her profile and that if he wanted to "get back at her" he could print it out and post it around the office. He also told one other person we work with around that same time, and since he left, has called/emailed the "office gossip whore" and told her, and she is of course telling everyone else. My question is this: would this be considered sexual harassment or slander? She has emailed the EEOC and is thinking about filing a claim, but isn't sure if she'd file it against the company since he worked here when this started, or if she would file it against the person. My point to her was that these things usually blow over and in a week or two, people will have forgotten or let it go, but if she takes this step, it will keep it as a "live" story and it will go on and on. She is worried that this could affect any future promotions she is up for, and just basically will take away from her credibility at the office and affect how she is viewed by her co-workers. I told her I'd post here and get some outsider/objective opinions.
Thoughts?
gstelmack
08-17-2007, 11:39 AM
Wait. She put a public profile up in a public place and is upset that it got out to the public? Or am I missing something here?
Logan
08-17-2007, 11:42 AM
I predict good things for this thread.
st.cronin
08-17-2007, 11:43 AM
Is she hot? If so, pcs pls k thx.
MikeVic
08-17-2007, 11:44 AM
If she didn't want her credibility shot, she shouldn't be posting pictures of herself in a bra on a public site! Unless this site requires membership or something.
MikeVic
08-17-2007, 11:44 AM
I was just discussing something with a girl I with.
What would oliegirl and this friend of her's be doing...
Thoughts?
MikeVic
08-17-2007, 11:46 AM
To clarify my initial thoughts... I think it has to be some form of slander, but if she willingly posted the bra pics on a public site, I don't think you can make much of it.
gstelmack
08-17-2007, 11:46 AM
If she didn't want her credibility shot, she shouldn't be posting pictures of herself in a bra on a public site! Unless this site requires membership or something.
Even then, nothing stops other co-workers from having created similar accounts and seen this. You post a pic like this, how can you be mad when it gets out?
stevew
08-17-2007, 11:47 AM
Is she into w4w or more into the group thing?
oliegirl
08-17-2007, 11:47 AM
The site is "public", but in order to view pictures/communicate you need a paid membership. She isn't upset that he found it, she is upset that he is telling people she works with about it and giving details of her personal life/activities, especially now that he doesn't work here anymore. And she is upset that he is doing it to be spiteful b/c they had a falling out right before he left.
MikeVic
08-17-2007, 11:48 AM
Ah a paid site too. I think it's unethical on his behalf... if he had similar pictures, would he like them getting out? If you're paying to be on this site, I think it's really bad form to use information on the site to hurt other members.
gstelmack
08-17-2007, 11:49 AM
Sure, she can be mad at the spiteful way he's done it, but she gave out the details herself. She can't be mad they are out there.
cartman
08-17-2007, 11:49 AM
It all goes back to the intent. It doesn't matter if she posed for Playboy, if the pigs have nothing to do with the job she is doing, then it could be considered harrassment for the manager to distribute them to "get back" at her.
MikeVic
08-17-2007, 11:50 AM
It all goes back to the intent. It doesn't matter if she posed for Playboy, if the pigs have nothing to do with the job she is doing, then it could be considered harrassment for the manager to distribute them to "get back" at her.
Yeah I agree with this.
miked
08-17-2007, 11:51 AM
Guess what...if you don't want people to find out stuff like that, don't do it. Why join something and post pictures of yourself you don't want certain people to see, when anyone with an internet connection can see them? Sounds like by filing claims and such, she's being spiteful as well.
Is she hot? If so, pcs pls k thx.
I'd like to take this a step further and ask for a link to her profile...k thx.
oliegirl
08-17-2007, 11:51 AM
She doesn't hide the fact that she is single and dates and uses websites for her social life. When I asked her about it she was very open and honest, but we are friends. It's more of the fact that he is bringing her personal life to the office and using it against her maliciously than the fact that people know she is on the site and has pictures. She showed them to me, she isn't embarassed about that as much as she is angry at how it's being spread and why.
cartman
08-17-2007, 11:53 AM
uh, that should be 'pics', not 'pigs' in my post. The auto-corrector got it before I noticed the change.
Kevin
08-17-2007, 11:53 AM
How could it possibly be the company that has done something wrong? Also, it isn't slander to cite what she has posted on that website. Just like it wouldn't be slander or harrassment to tell that former person's mother, spouse and colleagues that he is a paying member of that site. She could also make a practice of cropdusting the gossiper's office. That is the appropriate method of getting back.
st.cronin
08-17-2007, 11:54 AM
In the future, everybody will have 15 minutes of privacy.
Swaggs
08-17-2007, 11:54 AM
It sounds like the manager is incredibly petty and the girl has made some bad decisions. I'm not sure how slander could apply in this situation, since the girl put the information/photos in a "public" location herself. The harrassment part is sort of contingent on her damages and his intent, I would think.
Mizzou B-ball fan
08-17-2007, 11:56 AM
Please tell me she's a school teacher and she's nailing a 15 year old kid.
SnDvls
08-17-2007, 11:57 AM
she could have a harrassment claim against the person in the office too.
wade moore
08-17-2007, 11:58 AM
I have multiple opinions - none of which are legally based.
1. The guy is a jerk.
2. The woman needs to accept responsibility. If you are willing to post something like this, you need to accept that it may get to your office/co-workers.
3. The office workers shouldn't be passing it around.
It seems like from a legal standpoint she'd have a hard time proving something like slander, since there's no lies being spread - which I think is a requirement for slander. Sexual Harrassment seems a bit iffy to me because he's doing this while not employed - but admittedly I don't know how this works except from a business perspective. The coworkers I would think she would potentially have more of a case than the guy that doesn't work there anymore.
But in the end to me on a common sense level it is ridiculous for this woman to get upset over this. It was her poor judgement to put this photos/etc up if it's something she was embarrassed about or thought would negatively effect her in the work place.
ISiddiqui
08-17-2007, 11:59 AM
The site is "public", but in order to view pictures/communicate you need a paid membership. She isn't upset that he found it, she is upset that he is telling people she works with about it and giving details of her personal life/activities, especially now that he doesn't work here anymore. And she is upset that he is doing it to be spiteful b/c they had a falling out right before he left.
I think as long as the former manager doesn't distribute the pics, she may not have a claim. If I got the story right, all the former manager is doing is telling people who work at the office about what she has on her profile. I'm not sure that's enough to sue for sexual harrasment... especially since the manager doesn't work there anymore and she put all that stuff out there.
Draft Dodger
08-17-2007, 12:00 PM
I had no idea adultfriendfinder was a legit service.
Logan
08-17-2007, 12:02 PM
Agree with pretty much everything wade has said. I'm slightly embarrassed to admit that I have no idea if sexual harassment even applies outside of the workplace since that's the only context you ever hear about. If he doesn't work there anymore, I think the claim would be against the middle manager guy who is facilitating the passing of this info between the guy no longer working there and the current co-workers who will gobble it up.
Subby
08-17-2007, 12:04 PM
Thoughts?
I think you should gossip about this on an internet message board, duh...
oliegirl
08-17-2007, 12:05 PM
I think as long as the former manager doesn't distribute the pics, she may not have a claim. If I got the story right, all the former manager is doing is telling people who work at the office about what she has on her profile. I'm not sure that's enough to sue for sexual harrasment... especially since the manager doesn't work there anymore and she put all that stuff out there.
He has either shown people the pictures, or described them in a lot of detail, and actually made them sound worse then they are. People are saying that she has topless/naked photos where she isn't wearing anything, and that is not true.
I agree that she has some accountability for this, and she knows that. What she told me was that "it's just wrong, what he's doing is wrong...and if I don't do anything about it, then I'm saying it's OK for him to do things like this, and it's not"...not an actual quote but a paraphrase...
st.cronin
08-17-2007, 12:06 PM
If I sued every person who ever pissed me off, I would never get out of court.
Draft Dodger
08-17-2007, 12:08 PM
I think the "office gossip whore" has a case as well.
stevew
08-17-2007, 12:13 PM
Is this actually a "girl you work with" or are you asking for personal advice here?
I have no idea about USA laws, but if the guy who started to spread the word about his profile is no longer working in the company, i can't see how she can demand the company. I guess she could only demand the guy sharing her profile and pics.
If i were her, i would check adultfriendfinder contract/legal agreement for members as probably they have something written there about not allowing any memeber to share other members pics or info outside the site. If the old manager saw the pics, it's because he paid to adultfriendfinder to become a full member, and in the process of paying/signing up, he must have been forced to agree to a contract about the site & members info usage. If he broke that contract and she has the proofs, it could be a good way to go after him.
rkmsuf
08-17-2007, 12:15 PM
Just have her show everyone in the office her tits to difuse the tension. Take the power away from the harasser.
Let me know when this is happening.
Swaggs
08-17-2007, 12:17 PM
If I sued every person who ever pissed me off, I would never get out of court.
If you had Swaggus Swaggus representing you, you'd be golden.
I had no idea adultfriendfinder was a legit service.
I have worked advertising a few dating services online, and for what i remember, AFF was the only legit one. With legit i mean having real girls inside the members area and looking for a real date. Most of the other dating clones around are just robot driven and have like a 99% of men population (in AFF it was more like 75 - 25 %).
MikeVic
08-17-2007, 12:19 PM
I have worked advertising a few dating services online, and for what i remember, AFF was the only legit one. With legit i mean having real girls inside the members area and looking for a real date. Most of the other dating clones around are just robot driven and have like a 99% of men population (in AFF it was more like 75 - 25 %).
What about like eHarmony and those one you see on TV?
st.cronin
08-17-2007, 12:23 PM
If you had Swaggus Swaggus representing you, you'd be golden.
:D
oliegirl
08-17-2007, 12:26 PM
Is this actually a "girl you work with" or are you asking for personal advice here?
LOL...I'm surprised it took that long for that to be asked. No, it's not me...I've seen the site, but even if I was going to join I woudn't put those type of pictures up for this exact reason.
Logan
08-17-2007, 12:27 PM
He has either shown people the pictures, or described them in a lot of detail, and actually made them sound worse then they are. People are saying that she has topless/naked photos where she isn't wearing anything, and that is not true.
I agree that she has some accountability for this, and she knows that. What she told me was that "it's just wrong, what he's doing is wrong...and if I don't do anything about it, then I'm saying it's OK for him to do things like this, and it's not"...not an actual quote but a paraphrase...
I'm extremely confused. Does this guy who no longer works there just hang around the office all day?
What about like eHarmony and those one you see on TV?
Sorry, never worked with eHarmony and about those you see in TV... i don't know which ones you mean as only match.com advertises in Spain (and it's a more general dating service while AFF is more a dating for sex one). The comment i made is about "dating for sex" services, not about the "dating for friendship/love" ones as i have never worked with them.
Adultfriendfinder is more about "sex" than about "friends" (just take a look at their website).
oliegirl
08-17-2007, 12:29 PM
I'm extremely confused. Does this guy who no longer works there just hang around the office all day?
No, he's calling in and emailing people who work here.
BrianD
08-17-2007, 12:30 PM
Reading through this thread, I don't think your friend has any remedy available to her. Slander might be in play if the guy is telling lies about the content of the pictures, but she would have to prove that he is lying and show some damages resulting from the lie. There is no action without damages. If he is in breech of contract by sharing site pictures and profiles against the contract, the site would have the cause of action, not your friend. If anyone at her company uses this information as a reason to deny her a promotion, she could sue the company, but again she would have to prove it.
I think she is screwed...and not in a good way.
Lorena
08-17-2007, 12:31 PM
If you had Swaggus Swaggus representing you, you'd be golden.
lol
MikeVic
08-17-2007, 12:31 PM
Sorry, never worked with eHarmony and about those you see in TV... i don't know which ones you mean as only match.com advertises in Spain (and it's a more general dating service while AFF is more a dating for sex one). The comment i made is about "dating for sex" services, not about the "dating for friendship/love" ones as i have never worked with them.
Adultfriendfinder is more about "sex" than about "friends" (just take a look at their website).
Oh ok, thanks. Just wondering. I've heard of the matchmaking ones actually working for some... I think someone on this board actually too.
chesapeake
08-17-2007, 12:34 PM
Her case sounds weak based on the circumstances you have outlined. Slander is not an issue -- the allegations are fundamentally true. Since the primary antagonist is no longer with the company, it would be hard to prove the company is somehow liable in court.
I expect it will change how her coworkers view her. How could it not? When she made the decision to post even mildly provocative photos on a public website, she should have realized that anything you do in public may affect on how we are perceived professionally.
That said, the act of posting pictures on the internet should not have an effect on promotion potential or how she is able to do her job. If she is hard-working and professional in the office, her boss(es) should recognize and reward that. If they don't, she should find out why.
Oliegirl, I think your instincts are right on. Unless all the management is like the jackass that already left, this will probably blow over in a couple of weeks. If there's no blood in the water, the sharks will go away.
If this guy continues to wage an offensive campaign, you wouldn't go to the EEOC for a sexual harrassment lawsuit, you'd go to the local court and file for a restraining order and a civil suit for harrassment. You or she should try and get copies of the emails he is sending if legal action becomes necessary.
She is also best served by being truthful and confident with what she has actually done. People are going to look to her for how they should react to this. If she laughs at this jerk, others will too.
Mustang
08-17-2007, 12:34 PM
A. I'm not sure if I'm happy or sad that I don't work at your place. Managers in rehab, "Office Gossip Whore" and a girl that posts pictures of herself on AFF.... sounds like an 'interesting' group.
B. I'm not sure who her beef is with. If the manager told someone that her pics were out there and it was twisted to be her naked out there, I'm not sure how you can pin that on him? Plus, in a weird way, some people consider showing your bra to be 'naked'.
From what I gather, he just told someone and didn't actually act on anything and just because you notice someones subscription or membership to something doesn't imply privacy (unless it was medical related like AA which is probably a entirely different ball game probably).
Just seems like she is pissed off at him due to past issues and trying to create something. I'm not sure what could be pinned on him though.... unless I'm missing something.
Lorena
08-17-2007, 12:35 PM
Adultfriendfinder, if I recall correctly, is a site where people can find other people for sex: girl-girl, threesomes, swapping... so regardless of the pics if he's spreading stories about what he perceives is her sex life, it ain't cool.
rkmsuf
08-17-2007, 12:36 PM
maybe she should sleep with him
Mustang
08-17-2007, 12:38 PM
Oh ok, thanks. Just wondering. I've heard of the matchmaking ones actually working for some... I think someone on this board actually too.
I met my wife via one of these sites. (Not AFF or Eharmony). Definetly meet some 'different' types of people but, most everyone I met was normal.
MikeVic
08-17-2007, 12:38 PM
Adultfriendfinder, if I recall correctly, is a site where people can find other people for sex: girl-girl, threesomes, swapping... so regardless of the pics if he's spreading stories about what he perceives is her sex life, it ain't cool.
Hmm, I'd like to see some girl-girl.
MikeVic
08-17-2007, 12:39 PM
maybe she should sleep with him
Maybe you should sleep with him
rkmsuf
08-17-2007, 12:40 PM
Hmm, I'd like to see some girl-girl.
http://www.journalism.ryerson.ca/online/hubbub/decade/Golden_Girls.jpg
Mustang
08-17-2007, 12:41 PM
Hmm, I'd like to see some girl-girl.
Or an all girl threesome... but, hey, no reason to be picky.
rkmsuf
08-17-2007, 12:41 PM
Maybe you should sleep with him
now how exactly is that going to help?
MikeVic
08-17-2007, 12:41 PM
http://www.journalism.ryerson.ca/online/hubbub/decade/Golden_Girls.jpg
Ohhh a girl-girl-girl-girl!
MikeVic
08-17-2007, 12:42 PM
now how exactly is that going to help?
olie's friend can have a camera handy and wait in the closet. Or should i say... trapped in the closet?
John Galt
08-17-2007, 12:42 PM
To agree with some of the other legal opinions here, she almost certainly has no claim.
Sexual harassment claims can only be brought against a company and the company here has done nothing wrong (since the guy has left the company).
A slander claim doesn't work because 1) truth is a defense to slander; and 2) as with the case against Imus, insults are not generally actionable.
So, while her situation sucks, it doesn't sound like she has any legal claim based upon the facts you have described (and the EEOC will almost certainly tell her that).
chesapeake
08-17-2007, 12:47 PM
Oh ok, thanks. Just wondering. I've heard of the matchmaking ones actually working for some... I think someone on this board actually too.
My best friend just married someone he met through match.com, fwiw.
SnDvls
08-17-2007, 12:47 PM
To agree with some of the other legal opinions here, she almost certainly has no claim.
Sexual harassment claims can only be brought against a company and the company here has done nothing wrong (since the guy has left the company).
A slander claim doesn't work because 1) truth is a defense to slander; and 2) as with the case against Imus, insults are not generally actionable.
So, while her situation sucks, it doesn't sound like she has any legal claim based upon the facts you have described (and the EEOC will almost certainly tell her that).
wouldn't she have a claim against the person who is currently at the office saying the stuff though?
spleen1015
08-17-2007, 12:52 PM
wouldn't she have a claim against the person who is currently at the office saying the stuff though?
This is what I think as well. If everyone at the office is sitting around talking about this chick and it is making her uncomfortable, then she has cause against them. These people are creating a hostile working environment for this chick.
I don't think she should worry about this effecting promotions. If she really thinks this will happen, then she needs to find a better place to work.
John Galt
08-17-2007, 12:53 PM
wouldn't she have a claim against the person who is currently at the office saying the stuff though?
If there is someone currently working there that is doing stuff, it depends on the role that person is in. Either way, the claim is against the company, not an individual. So, she would have to make a complaint to the company (probably to human resources) to give the company a chance to investigate and/or take remedial action. Despite what people think about the ease of bringing a sexual harassment claim, it is actually quite difficult and an overwhelming majority of complaints lose.
edit: looking back at Oliegirl's posts, I still don't see anything she has said about what current co-workers have done that comes close to actionable harassment. Gossip is not harassment. There would have to be a lot more facts just to have a prima facie claim.
ISiddiqui
08-17-2007, 12:54 PM
He has either shown people the pictures, or described them in a lot of detail, and actually made them sound worse then they are. People are saying that she has topless/naked photos where she isn't wearing anything, and that is not true.
I agree that she has some accountability for this, and she knows that. What she told me was that "it's just wrong, what he's doing is wrong...and if I don't do anything about it, then I'm saying it's OK for him to do things like this, and it's not"...not an actual quote but a paraphrase...
It may be harrasment against him, but not against the company.
My best friend just married someone he met through match.com, fwiw.
Yeah they are on of the first ones if not the first, so they are realiable. Again the is a difference between match.com and adultfriendfinder. The first one is to find a couple, the second is to find sexual relationships. Probably the "friend" in the site name is what can create the confussion as it's not exactly a site to find "friends" :)
Surtt
08-17-2007, 02:22 PM
So, while her situation sucks, it doesn't sound like she has any legal claim based upon the facts you have described (and the EEOC will almost certainly tell her that).
I agree,
She should have considered what would happen if her coworkers found out she was "advertising for sex" before she placed the add.
I think it is almost certain at some point they would.
BrianD
08-17-2007, 02:24 PM
Gossip is not harassment. There would have to be a lot more facts just to have a prima facie claim.
If Gossip was harassment, there isn't a company in the country that would still be running.
dawgfan
08-17-2007, 02:42 PM
...and the girl has made some bad decisions.
The only bad decision she made (as far as I can tell) is posting a picture of her face on that site. If she had any worries at all about other people possibly finding out about her using that site, she should've either cropped out her face from any photos she used or blurred it out enough to prevent her from being easily recognized.
cartman
08-17-2007, 02:48 PM
If Gossip was harassment, there isn't a company in the country that would still be running.
That's not what I overheard Jill in accounting tell Bob in sales.
Chief Rum
08-17-2007, 04:53 PM
Agree with pretty much everything wade has said. I'm slightly embarrassed to admit that I have no idea if sexual harassment even applies outside of the workplace since that's the only context you ever hear about. If he doesn't work there anymore, I think the claim would be against the middle manager guy who is facilitating the passing of this info between the guy no longer working there and the current co-workers who will gobble it up.
Sexual harrassment can happen between any two people whose schedules bring them into contact on a regular basis. For instance, you can have sexual harrassment between customers at a restaurant and a waitress or bartender.
John Galt
08-17-2007, 05:27 PM
Sexual harrassment can happen between any two people whose schedules bring them into contact on a regular basis. For instance, you can have sexual harrassment between customers at a restaurant and a waitress or bartender.
Unless there is something unique to a state law (CA?) that I don't know, I think your explanation is incorrect. Under Title VII (the federal law), the only possible defendant is the employer. To have a hostile work environment claim with customers involved, you would have to show an incredible series of actions by the employer encouraging those actions or possibly showing reckless indifference. I admit this is not an area of law in which I'm an expert, but I just have never heard of a standard that "harassment can happen between any two people whose schedules bring them into contact on a regular basis."
Chief Rum
08-17-2007, 05:32 PM
Unless there is something unique to a state law (CA?) that I don't know, I think your explanation is incorrect. Under Title VII (the federal law), the only possible defendant is the employer. To have a hostile work environment claim with customers involved, you would have to show an incredible series of actions by the employer encouraging those actions or possibly showing reckless indifference. I admit this is not an area of law in which I'm an expert, but I just have never heard of a standard that "harassment can happen between any two people whose schedules bring them into contact on a regular basis."
I certainly don't know law like you, John, so I wouldn't know about the laws governing it. All I can tell you what I have been told/shown in more than a few harrassment "courses" that the companies I have worked for have made us go through (I have had to take both the employee ones and the supervisor level ones at my current employ). And, yes, of course, all of those companies are based in California, so that might be the reason.
Although I think the focus of the courses was on what constituted harrassment as the companies defined it. Not sure I recall how much they went into how actionable any of it was. You have to remember, there is actionable harrassment in court, and then there is harrassment as companies themselves will define it in determining what they deem to be acceptable (or unacceptable) conduct on the part of their employees.
Chief Rum
08-17-2007, 05:35 PM
Unless there is something unique to a state law (CA?) that I don't know, I think your explanation is incorrect. Under Title VII (the federal law), the only possible defendant is the employer. To have a hostile work environment claim with customers involved, you would have to show an incredible series of actions by the employer encouraging those actions or possibly showing reckless indifference. I admit this is not an area of law in which I'm an expert, but I just have never heard of a standard that "harassment can happen between any two people whose schedules bring them into contact on a regular basis."
BTW, that last part was me struggling to put into words the lesson I was taught on that particular subject. Not sure how they word or define two people who come into contact with each other on more than a random basis. I'm sure it's put more "eloquently" in whatever coursework I read it in. :)
John Galt
08-17-2007, 05:40 PM
BTW, that last part was me struggling to put into words the lesson I was taught on that particular subject. Not sure how they word or define two people who come into contact with each other on more than a random basis. I'm sure it's put more "eloquently" in whatever coursework I read it in. :)
Companies generally over-train for harassment because 1) a good sexual harassment policy is part of a good defense in a lawsuit; and 2) better safe than sorry. So, your response makes sense (although there could be a really odd CA doctrine, but I'm skeptical) if you are drawing from sexual harassment training. Truthfully, I think 80% of most training examples (one of the one's I learned was that hi-fives were harassment) would not be actionable in any court in this country. Title VII is fairly employer-friendly as currently interpreted and most companies can avoid any lawsuits by having a good harassment policy, responding promptly to complaints, and engaging in an investigation that looks decent from the outside.
Eaglesfan27
08-17-2007, 05:58 PM
Wait. She put a public profile up in a public place and is upset that it got out to the public? Or am I missing something here?
I haven't read the rest of the thread, yet, but that is also my first reaction. I'm no lawyer, but I thought slander involved saying something publically about someone that isn't true. I don't see how this is slander or even sexual harassment if he just commented to the office gossip about a fact that is in full public view...
Lorena
08-17-2007, 08:10 PM
At my last job, gossiping was not allowed. They threatened to fire people if it continued.
saldana
08-18-2007, 02:33 PM
I haven't read the rest of the thread, yet, but that is also my first reaction. I'm no lawyer, but I thought slander involved saying something publically about someone that isn't true. I don't see how this is slander or even sexual harassment if he just commented to the office gossip about a fact that is in full public view...
going back to my crim law classes, in order for something to be slander, three things need to apply.
1. the statement made must be false
2. the person making the false statement must have known it was false when then made it.
3. the person the statement was made about must be able to prove they suffered loss as a result of the statement.
so applying that to this situation, there is no grounds, since item number 1 is immediately disqualifying to any claim....or as my professor used to say "it ain't slander, if it's the truth!"
as far as a sexual harassment claim would go, my understanding is exactly what John Galt said...that the claim of a hostile work environment or discrimination under Title XII has to be made against the employer, not an employee. The employee could be the cause of the action, but the action has to be taken against the entity, which means that in this case, the woman could not make a claim because the guy doesnt work there any more.
however, i would believe she would have a hell of a claim against the "office gossip whore", as it doesnt matter what environment the harassment occurs in, the second it comes back into the office, it is covered by Title XII. not saying she would get any money, because the company has to be given an opportunity to correct the situation as a means of having the claim satisfied.
for instance, two co-workers go out, with other employees, to a bar...a female employee is wearing a white shirt and a waiter accidentally spills a drink on the shirt, making her lacy victorias secret bra opaque, and exciting her sexual nerves.....a male co worker comes back into work and tells all the other guys about it....instant sexual harassment claim...even though the event happened in a public place, she is a protected class, and would be able to sue the crap out of the company if they failed to act to rectify the situation.
lordscarlet
08-20-2007, 09:09 AM
Over the past week oliegirl has shown what a great office environment she works in. :)
Rizon
08-20-2007, 09:17 AM
I had no idea adultfriendfinder was a legit service.
I see it on nearly every porn site I visit.
Plus the fake stories/pics are great.
MikeVic
08-20-2007, 09:57 AM
I see it on nearly every porn site I visit.
Plus the fake stories/pics are great.
Two reasons why I never thought of it as a legit site. :D
CraigSca
08-20-2007, 02:26 PM
At my last job, gossiping was not allowed. They threatened to fire people if it continued.
And hence the "at my last job", right? :D
Rizon
08-20-2007, 08:31 PM
Two reasons why I never thought of it as a legit site. :D
Disposable Partners
I really like having the company of a man now and then. I don't really want one around all the time, but there are moments when a girl gets a specific itch that just has to be scratched and only a man has the equipment capable of satisfying me. Now finding a man for casual encounters without damaging my reputation is challenging, and more often than not I've stayed home alone rather than risk being labeled a slut. There's nothing worse than being a social outcast and I'll do almost anything to avoid that. Thank God I found the Adult Friend Finder dating service on the Internet. I never really considered myself a swinger but when I consider what a swinger really is, that's me. I like one-time, no strings attached sexual encounters and now I'm able to find them whenever I want them. It's great, and all that's really involved is waiting for the guy to show up at my place once I reply to his ad. Yesterday this nice young stud arrived a little early.
It gets better from here, but I don't think I can post it :D
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