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Is it sexual harassment if a male boss ask you to come to work after hours to perform task that could be done from home

Knoxville, TN |

I was ask to come back to my work place after hours and only the male owner there to check messages for the day from answering service, which could of been done from my home or smart phone and i didn't go and i got reprimanded for not going after normal business hours.

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Attorney answers 3


Simply the act of asking you to come in after hours, for a job related task that is valid on it's face is not enough to establish sexual harassment. I understand that it gave you pause and was not the most logical request, but who ever accused bosses of being logical.

Protect yourself, but don't endanger your job. Document this, have a consultation with an attorney, write an affidavit and notarize it to preserve the date. Then when he steps over that line, sue.

Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.


Most likely his conduct does not rise to the level of sexual harassment.


You may want to consult with a local attorney with respect to state law and whether the conduct rises to the level of sexual harassment, but, based on federal law, and the facts you have presented, it does not appear that there was any sexual harassment simply based upon your boss's request that you perform legitimate work after hours, whether or not it could have been done from home. If there is more to this, and there were sexual comments, suggestive comments, staring, etc., then you should absolutely speak with a local attorney, as, in that situation, there may be a claim.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/employattorney) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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