Can I filed a sexual harassment case against my girlfriend's co-worker?

Asked almost 2 years ago - Pasadena, CA

My girlfriend has a coworker at work, and that co-worker told her to "feed me" 3x. She said no and she was uncomfortable by his actions. Can we filed a sexual harassment case against him. We have a witness.. Its tough because I want to punch and beat him up. But filing this case is more adult-like.

Additional information

My girlfriend was being nice and helped serve dessert out to her coworkers. And this "co-worker" told her to feed me a couple times. He was serious about it.. Isnt that statement a sexual come on because feeding a member of the opposite sex is an intimate act.

Feeding someone food is intimate. It can be in loving matter. And there can be feeding a person in sexual way too. In this case, I guess it a loving matter.

Attorney answers (4)

  1. Marilynn Mika Spencer

    Contributor Level 20

    4

    Lawyers agree

    Answered . The co-worker sounds like a jerk, but it does not sound like he is sexually harassing your girlfriend, unless "feed me" has a meaning that I am unaware of. And if there is any sexual harassment claim to be made, your girlfriend can file it as she is victim; you have no legal standing (reason) to file.

    Unlawful harassment is a form of discrimination. To be unlawful, the harassment must be must be based on a protected category, such as race, sex, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity, or indication of stereotyping. Harassment can also include offensive gestures, sexually suggestive eye contact or looks, mimicking the employee in an insulting way, and derogatory or graphic posters, cartoons or drawings.

    Harassment is unlawful when the conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive.

    Unless there is more than your question reveals, your girlfriend MIGHT be able to report the co-worker for workplace bullying or acting against company rules. She can contact human resources to discuss this.

    I suggest you take no action against this co-worker to avoid him having a claim against you,

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  2. Steven Mark Sweat

    Contributor Level 19

    2

    Lawyers agree

    Answered . Don't resort to "self help"! The statements, as you describe them, don't necessarily give rise to a claim either. What she should do is make a written complaint to Human Resources and request that they investigate these incidents and take appropriate actions. If the conduct stops, enough said. If not, she should seek legal advice at that time.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Edward Clement Sweeney

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . Does "feed me" have a sexual connotation that I am unaware of? If it does, you can file an Equal Employment Opportunity Commission complaint or one under any state discrimination law that exists. This is a first step to a lawsuit. The federal or state discrimination agency is tasked with investigating the complaint of discrimination. There are time limits for filing which need to be carefully adhered to. I agree violence will help no one.

  4. Kevin Rindler Madison

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . There are a lot of facts that are unclear. I assume you are male? Is co-worker male or female. What does "feed me" mean? I do not see sexual innuendo from that statement. You ask if YOU can file sexual harassment. Are you employed at the same company where your girlfriend works? Contact a sexual harassment attorney right away.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more

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