Question for HR people.....sexual harassment?

Here's a scenario:

If a coworker tells you "sex stuff" -- for instance, problems between her and her boyfriend in the bedroom, crying about him having porn, etc., could that be considered sexual harassment?

This is not me, BTW, LOL!
Thank you!!

Message edited 5/20/2011 9:31:05 AM.

Re: Question for HR people.....

Not an HR person, don't think that is considered sexual harassment, but I also do not feel that is an appropriate conversation to be having at work, with one's colleagues.


I get that some people consider their co-workers family, but there's also a time, place and professional boundaries IMO.

Re: Question for HR people.....

hmmm....i was under the impression that any form of sexual content can be considered harassment. I'll have to try to look this up...we have a nut in our office and says alot of things she shouldn't......

Re: Question for HR people.....

HR here. I think it all depends on the parties involved.

I don't consider a co-worker confiding in another co-worker sexual harassment at face value.

If someone is uncomfortable with a conversation & asks the other not to discuss sexual things, I could see it as a possible hostile work environment if the complaining co-worker is doing it to upset or entice the uncomfortable one.

Message edited 5/20/2011 8:37:59 AM.

Re: Question for HR people.....

I'm not an HR but I always thought that for it to be considered sexual harassment, the act would have to create a hostile or offensive work environment.

Something that people have to be very careful about is that there is nothing in the law that says the harasser needs to be made aware their actions are making anyone feel uncomfortable. In other words, they could get in trouble for the first time they act inappropriately.

If the person who is feeling uncomfortable feels their job or work performance could be effected, that might be viewed as a hostile environment.

Very slippery slope. That's why it really is best to leave these kinds of conversations at the door.

Re: Question for HR people.....

Thank you everyone, for your input, I truly appreciate it. This is a person that makes false accusations about people in the office, yet shares explicit details about her sex life. It's so wrong and I feel like HR should be made aware of what she is talking about to people.

Re: Question for HR people.....sexual harassment?

The conduct has to be unwelcome, and it has to be something that a reasonable person would find offensive. Based upon what you describe, I don't think it constitutes sexual harassment.

Re: Question for HR people.....sexual harassment?

Re: Question for HR people.....sexual harassment?

Re: Question for HR people.....sexual harassment?

Def not.

If she is a friend, or even if NOT, I wouldn't tell on her. Shes just trying to confide in someone, shes not hitting on you, etc.

Message edited 5/20/2011 11:07:10 AM.

Re: Question for HR people.....sexual harassment?

Not harassment but definitelyTMI!

Re: Question for HR people.....sexual harassment?

According to our training I would say Yes.

Re: Question for HR people.....sexual harassment?

This is what I found:


Sexual Harassment
A 2007 update by the Arizona State University Foundation explains that sexual harassment can include lewd or sexually suggestive comments, unwelcome sexual advances, propositions and innuendos, obscene language and gestures, and the sharing of sexually explicit material. Even if the behavior is conducted in a teasing manner, it is still considered sexual harassment in the workplace. At the office, sexual harassment can take place in person or electronically. Inappropriate emails or comments made over the phone still constitute as workplace harassment. Examples of sexual harassment in the workplace are offensive remarks about an employees' clothing, looks or body parts, staring and leering in a sexually suggestive manner, and touching in a way that creates discomfort

Message edited 5/20/2011 11:17:44 AM.

Re: Question for HR people.....sexual harassment?

It actually CAN be sexual harassment.

I'd be very careful. Let's say the friend is confiding in you and you don't mind, but your co-worker in the next cube hears it all the time, then he or she can file a claim for hostile work envrionment IF the behavior is considered "Severe and pervasive."

You always have to be careful. Almost any sexual discussion or conduct can be part of a sexual harassment complaint. Even if what the one person is doing isn't severe and pervasive, maybe it would be when added to the behaviors of others.

I didn't realize it until we had training on it, but one of the reasons companies tend to be strict about dating in the workplace is that intimate contact between co-workers at work (even hugging, kissing, etc) if it makes a 3rd party uncomfortable can be part of a HWE claim and many employers are very protective.

If your friend is not comfortable, she should ask the co-worker to stop, and if she doesn't. she should go to HR and document it. Ultimately, as I mentioned, even if you friend doesn't want to get her co-worker in trouble, the company could be on the hook anyway because someone else might be offended by the behavior and so the right thing to do is to report it if it's making you uncomfortable or runs the ris of doing so for others.