Submitted by Concerned1 on Thu, 01/20/2011 - 10:44
This is, I guess, sort of an odd question. But I was wondering if it is possible to sue a manager or supervisor for sexual harassment for comments or remarks that aren't really sexual in nature? My wife works with a guy (her supervisor) who has made a lot of comments about weight she has gained over the last year. She just had a baby, not that it's any of this guy's business, so she did gain some weight. I wanted to call the guy and tell him to knock it off but my wife (probably right) told me that would not be a good idea. But isn't that a kind of sexual harassment? Thanks for your help.
Sexual harassment
Sorry about your wife's situation, but that is an interesting and timely question. There are actually a couple of recent federal cases in which appeals courts have held that a suit for sexual harassment can be maintained even if the comments or behavior in question are not sexual in nature. In fact in one case, EEOC v. Fairbrook Medical Clinic, a doctor complained that a co-worker made innapropriate comments regarding her weight gain. The appeals court held that "highly personalized comments designed to demean and humiliate" could constitute sexual harassment. In another case, Kaytor v. Electric Boat Corp., an appeals court allowed a sexual harassment case to proceed even thought the comments in question were death threats by a male made against a female co-worker. In both of these cases, the courts seem more interested in the effect the language or behavior had on the working environment. If your wife feels that she is suffering harassment that is creating a hostile work environment that unreasonably interferes with her work performance, she should contact a Massachusetts employment law attorney and discuss the matter with her. Even if your attorney does not believe a sexual harassment suit is the way to go, she might have other strategies to deal with the situation. Good luck.