Here’s a simple rule of thumb: Managers and supervisors should never comment on any aspect of an employee’s sexuality. That goes for female supervisors, too, who may believe that only women can be victims of sexual harassment.
Recent case: Two women in their 30s supervised Robert Howard, 59, at the American Institute of Certified Public Accountants.
Howard later complained that one of his young supervisors asked him whether he could deal with the fact that he was being supervised by young women.
Then, on a trip to an out-of-state conference, Howard complained that his supervisors and other female co-workers engaged in sexually inappropriate conduct. For example, Howard said one of his supervisors asked him to accompany her to a male strip club. Howard refused, and the supervisor told him he must be uncomfortable with his manhood.
Other female co-workers commented on how “hot” some of the men at the conference were.
Eventually, Howard was fired. He sued, alleging he had been subjected to a sexually hostile environment and had been punished for complaining.
The court said everything Howard described could be used to prove his case. It sent the case on to trial. (Howard v. American Institute of Certified Public Accountants, No. 1:08-CV-483, MD NC, 2009)
Final note: Now, more than ever, supervisors and employees should be concentrating on getting work done, not engaging in unproductive banter. As more employees lose their jobs, more will sue. That’s when ill-mannered behavior comes back to haunt employers.
- Try to settle FMLA claims: Appeals court says you don't need DOL's prior approval
- Comments don't always have to be overtly sexual to create hostile environment
- Demanding lie detector test isn't necessarily retaliation
- Post promotion opportunities, keep records of applications
- You don't always have to terminate harasser