Is This Sexual Harassment ?

[Just Plain Ruff]

I believe it is called culture and civilization.

As a 140lb man.... I prefer it this way!

The theory I support though... Not every little matter has to go to court. Although I suspect that is more the "American way" than a global issue. But physical altercations to prove a point or settle a difference is caveman culture.

I agree on the fighting (I was just venting) but why can't we settle differences with a bit of discussion and showing our point of view or our frame of reference.

I don't advocate decking someone (although that is what it requires sometimes) but I do not advocate the running to mommy mentality that we have seems to have developed in this country. A little bit of get a backbone or grow a pair can go a long long way.

[mobey]

I agree on the fighting (I was just venting) but why can't we settle differences with a bit of discussion and showing our point of view or our frame of reference.

I don't advocate decking someone (although that is what it requires sometimes) but I do not advocate the running to mommy mentality that we have seems to have developed in this country. A little bit of get a backbone or grow a pair can go a long long way.

Totally agree.

I think some of those laws that are being passed punishing the plaintiff's that bring rediculous suits to the courts are a step in the right direction.

[Vorenus]

I agree on the fighting (I was just venting) but why can't we settle differences with a bit of discussion and showing our point of view or our frame of reference.

I don't advocate decking someone (although that is what it requires sometimes) but I do not advocate the running to mommy mentality that we have seems to have developed in this country. A little bit of get a backbone or grow a pair can go a long long way.

Totally, don`t get me wrong, but what I sometimes read of verdicts being passed over the pond just seem really overstretched - I couldn`t imagine them being made around here (but I really don`t wanna turn this into a discussion about different systems of jurisdiction),

[Richard B the EMT]

I've mentioned this a few years back, that I grabbed my mail out of my home letterbox, leaving Momma B's mail in the box, and took my mail with me to work, which was in the Pre FDNY/EMS merger's EMD. One item was a Playboy magazine.

There was a separate page ad for something a co-worker was interested in, inside the wrapper, and I took the ad to him (a Samarai Warrior outfit, if memory serves), but on return, found a lady Lieutenant, whom I had never met prior, threatening me with a non specific sexual harrassment suit, as I had left the magazine on my desk.She was holding my Playboy, which I had left face down. I countered with, what was she doing going through (A) my mail, and ( my personal stuff?

It went to the tour captain, who told me to put the magazine into my bag until after the tour, and please refrain from bringing in more copies in that manner again.

(A few days later, I "anonymously" left a can of surfboard wax on that lieutenant's desk. It was "Mr. Zogg's Sex Wax", by name! <everyone recalls that I live in a beachfront community that has surfing?>)

[HERBIE1]

I agree on the fighting (I was just venting) but why can't we settle differences with a bit of discussion and showing our point of view or our frame of reference.

I don't advocate decking someone (although that is what it requires sometimes) but I do not advocate the running to mommy mentality that we have seems to have developed in this country. A little bit of get a backbone or grow a pair can go a long long way.

The problem Ruff, is that the laws we now have not only encourage, but dictate that "run to mommy mentality". I agree there needs to be a line in the sand in terms of acceptable behavior, but obviously "acceptable" is a relative term, In some cultures, a person can be hugely offended if these see a picture of a women without her head covered. Others see no problem with topless women at the beach.

The OP mentioned the person was ultra religious, and to me, an extreme opinion about anything is a recipe for problems. They will generally be intolerant of anyone's opinion or actions that differs from their own. Could this person have handled this differently? Sure, but apparently she felt so offended she simply could not let it go without escalating the situation. Her choice- nothing I can do about that. In cases like this, I just wonder what the person's ultimate goal happens to be? If she wanted it to be known she is highly offended by porn, there are other ways to express that opinion.

Maybe it's my cynical nature, but too often the issue isn't about being offended, it's about having another agenda- as in pay back to someone for a perceived slight, or to collect a lotto settlement.

I liken the issue to charges of racism. All the spurious/malicious claims detract from the legitimate and horrible things that do happen.

[DwayneEMTP]

It amazes me too that you have to ask....Sounds like you may be one of those managers who may have to learn a hard lesson at some point...

...Not every little matter has to go to court. Although I suspect that is more the "American way" than a global issue...

Totally agree.

I think some of those laws that are being passed punishing the plaintiff's that bring ridiculous suits to the courts are a step in the right direction...

Maybe I'm misunderstanding Mobes...but it seems like you're all over the board on this one?

And I do believe that in a cultured and civilized world there would be no fighting, but until then? Yeah, the world is a better place after some douche bags get punched in the head....

I know, as it's what helped me to develop my timid, submissive personality..

Dwayne

[Asysin2leads]

By a loose definition, activity that someone finds sexually offensive is tantamount to sexual harassment. But if the person who discovered the pornography didn't file charges, but rather merely reported it and the person was terminated, it really isn't sexual harassment, its more violation of company standards. For it to be true sexual harassment, typically there has to be a complaint, an investigation, a finding, and then a recommendation, which is in some cases termination.

Call it what you want, I would find it extremely disturbing. I also find it disturbing that somehow your company makes a distinction between "normal" pornography and the really weird stuff. I mean, this is the workplace, right? What type of people are you guys hiring? Perhaps if you put more stock in hiring quality people then your company wouldn't run into these problems. Your company did the right thing. I think you need to get your head out of "firehouse" mode and into "professional manager" mode. I know many firemen. I know many construction workers and fishermen, too. I know the personalities and I know the banter, but I can't think of one of them who wouldn't expect some kind of trouble if they were browsing porn on a company computer and got caught. In addition, if its all the same to anybody I'd prefer not having one of your perverts work on one of my family members in their time of need.

Edited November 22, 2011 by Asysin2leads

[DFIB]

Any person can claim harassment for any reason at any time and an employer can wrongfully fire an employee at any time.

This being said, on reference to the OP, there are some factors that are missing in order for this to be harassment.

Intent There is no intent. Unless I am missing something the offending employee had no intent of this particular woman finding said material. Intent is a key component in harassment.

Vectorization. I am pretty sure this is not a legal term. The offense in question would have to be directed at the person in question to be considered harassment. If the offending act was inadvertent then it may be construed as a regulation or policy breach but not harassment.

HLPP mentions the offended lady is very religious. This particular population segment often blow such things out of proportion. If she or her family is an important part of the community the offender is screwed no matter what their intent.

Another point is that depending on the company laptops antivirus and popup blocker software, the offending employee may have properly closed down the porn site but caught a virus, worm or some other kind of cybernetic gonorrhea that reopened the same page or possibly a more alarming page as a promotion.

There are a lot of factors here that continue to be unknown. I am not sure that under normal circumstances the person should be fired but it will depend on the local morays, how psycho the offended lady is and the influence she has to make management miserable.

I would not consider this offense harrassment.

[paramedicmike]

According to US law there does not have to be intent for a claim to be considered sexual harassment. This is how people who are third parties who overhear, or see, something not directed at them can file the claims. It could be something as simple as telling an off colour joke and the person in the next room hearing it and feeling offended. That's all it takes.

Here are some interesting facts about sexual harassment. Click here.

Edited November 22, 2011 by paramedicmike

[Happiness]

Sexual Harassment is when you are a waitress and a customer grabs your ass,

Assult is when said waitress slams tray upside customers head and knocks him out of his chair in front of his buddies.

Sexual Harassment is when you have creepy old men looking at your ass throughout a meeting and are stupid enough to say something,

Revenge is sending a message to their wife saying how dissappointed you are in their husband

Sexual Harassment is when you are walking down the road and a car full of penises yell how nice your ass wiggles when you walk,

Solution is when you see them with their gf's and you ask them if your ass still wiggles nice when you walk and you walk away....

Now when women do the above it is a compliment

This isn't sexual harassment in the traditional scense but it was obviousely offensive to someone who is religious and they shouldn't be surfing on a employers computer. Now with that being said the other questions that need to be answered are is this something that has happened before, are there firewalls, and what is the actual policy, because if they were fired for sexual harassment and it was actualy for breaking a porn policy those former employee's may have their own case.....