hadespussercats wrote:Svartalf wrote:Except of course that hitting on somebody who is 'at work' does not constitute harassment per se, or thousands of barmaids and other personnel in contact with the customers would be raking in millions in suits against customers who hit on them.
Or they don't pursue possible legitimate legal claims.
My understanding is that "hitting on" someone at work IS in fact harassment.
Not everyone is so bothered by that that they turn to legal intervention.
Negative.
Workplace harassment is only harassment if it is "unwelcome." A person who doesn't mind or "isn't so bothered by" communications from another person is, quite simply, not being harassed. Unwelcomeness is a necessary, but not wholly sufficient, element of workplace harassment. In other words, if you and I are friends, and you don't mind me making sexual innuendo to you at work, and telling you how much I want to do various sexual things to you, then it's not harassment. If you're my boss and you hit on me, but I welcome it, then it is not sexual harassment.
Also, hitting on someone at work, even if it is unwelcome, is only sexual harassment if it is so pervasive and extreme that it rises to the level of a "hostile work environment" and rises to the level of a change in the terms and conditions of employment. It has to be bad. If you tried to sue because one coworker hit on you or handed you a swinger card, you would not get anywhere with it. You would lose. Guaranteed.
Now, if someone hits on you repeatedly after being told you don't like the attention, then you're getting closer. And, if you've notified your employer that a coworker or customer is harassing you, and they fail to take prompt and appropriate remedial measures, then you can have a lawsuit against your employer.
I can tell you, you'd not get a lawyer to take your case (unless you agreed to pay an hourly fee and were prepared that the case was very low percentage chance of winning), if all someone did was hand you a swinger card.
Most employers make such conduct against company policy, of course. Because the sexual harassment policies and HR departments are there to protect the company, not the employee. The company makes sure that they have told everyone to not engage in any conduct that could even be claimed to be unwelcome conduct of a sexual nature. Their policies are far broader than what sexual harassment is under the law.