I need some advice & will try to keep this short.

When does inappropriate comments made by employees, executives, boss etc become in effect illegal/harrassing/discriminating (not sure if this is the right word to use)? Where is the line drawn on what people can/can not say to you regarding your pregnancy?

Each day I set foot in the office, I am bombarded by no less than 5 people saying the rudest comments to me. They didn't act like this when I wasn't pregnant. But once I started showing, I've heard the following statements:

1) WOW you are HUGE

2) WOW look how big your BOOBS are

3) WOW you are really getting big

4) WOW your butt has gotten HUGE

5) Beeping noises when I walk past people (as in a commercial truck backing up and you hear the beep-beep-beep wide load coming through)

6) LOOK at your Knees they are HUGE

7) Conversation: A guy in our warehouse calls me J Lo since my name is Jen. My boss is standing next to me and him. I say to the guy, "I'm not J Lo". Boss says, "But you have J Lo's Booty". YES this is from my own boss!

8) A girl comes up to me and says "I want to measure your stomache and see how big you are now"...proceeds to pull out a measuring tape and starts measuring me!!!!

I hear this day in, day out. I get at least 5 people a day saying one of the above. Multiple that by 5 days per week= one very stressed out pregnant woman. I try to stay in my office and just get through the weeks. But it's only getting worse as I get bigger.

They comment about my weight, my boobs, my knees, my overall size. Isn't this somehow illegal??? What rights do I have? My boss claims that because I have spokent to my co-workers about my pregnancy, that I have no leg to stand on with regards to these inappropriate comments. Keep in mind, MY conversations have been 1) Yes, I am pregnant 2) this is my due date 3) we are expecting a girl....that kind of thing.

I'm documenting everything in emails (written to my boss about what people are doing) and printing them off. I have an email where my boss apologises for saying the "J Lo Bootie" comment in reference to my butt. Isn't this self-incriminating??? We have no official HR dept or person to turn to. The company I work for has been sued several times by ex-employees.

Thanks for any advice on what my next step should be.

I don't think you have a case - it is not illegal for people you work with to make rude comments. I'm not sure this would qualify as harassment. However, hold for some of the HR people to come along & give their opinion. If you did make a complaint, it would be with the EEOC.

Doesn't sexual harassment include slurs about a person’s body or appearance and/or unwanted comments about a woman’s pregnancy?

I live in the state of California. Maybe in CA it covers the above? Are you familiar with CA employment law?

Even in our employee handbook it says "prohibited unlawful harassment includes.....1) verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments".

Thanks.

Several things here
1. If you decide to quit you can sue for contructive discharge
2. This is blatent discrimination based on sex however it is not sexual in nature
3. Definately harrassment--its illegal to harrass a woman simply because she is pregnant

Its a good thing you have documented everything. It seems that you definately do have a case

Several things here
1. If you decide to quit you can sue for constructive discharge
2. This is blatent discrimination based on sex however it is not sexual in nature
3. Definately harrassment--its illegal to harrass a woman simply because she is pregnant

Its a good thing you have documented everything. It seems that you definately do have a case

Wow Wow very bad advice constructive discharge suites are the most difficult of all wrongful termination suits to pull off.
There is a fine line here separating horse play from harassment. Pregnancy unfortunately by co-workers lends itself to prodding,for the simple fact that its temporary,and at the end you get a baby. This tends to make co-workers,and bosses a little gitty.
A constructive discharge suite in Ca state court would meet a much higher burden. Below are the model jury instructions under Ca labor code § 2402.(Constructive discharge Implied contract):

(1.)That [name of plaintiff] and [name of defendant] entered into an employment relationship. [An employment contract or a provision in an employment contract may be [written or oral/partly written and partly oral/created by the conduct of the parties]];

(2.)That [name of defendant] promised, by words or conduct, to discharge [name of plaintiff] only for good cause;

(3.)That [name of plaintiff] substantially performed [his/her] job duties [unless [name of plaintiff]’s performance was excused [or prevented]];

(4.)That [name of defendant] intentionally created or knowingly permitted working conditions to exist that were so intolerable that a reasonable person in [name of plaintiff]’s position would have had no reasonable alternative except to resign;

(5.)That [name of plaintiff] resigned because of the intolerable conditions; and

(6.)That [name of plaintiff] was harmed by the loss of employment.

To be intolerable, the adverse working conditions must be unusually or repeatedly offensive to a reasonable person in [name of plaintiff]’s position.

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
On top of all that the remedy is low “Standing alone, constructive discharge is neither a tort nor a breach of contact, but a doctrine that transforms what is ostensibly a resignation into a firing. Even after establishing constructive discharge, an employee must independently prove a breach of contract or tort in connection with employment termination in order to obtain damages for wrongful discharge. Turner v. Anheuser-Busch, Inc. (1994)

Wildcat I understand your outrage,but never tell a poster to quit there job,especially if they are expecting a baby. That's like advocating suicide.

london01 I don't have a good answer for you,but I can say with almost 100% confidence. That if I was given these model jury instructions,as jurist,and lined them up with your post. I would find in favor of the defendant (Employer).
The defense lawyer will argue that the plaintiff quit to raise the newborn at home,and is now trying to grab the brass ring on the way out the door. Make no mistake these guys know how to play hardball,and win.


JoeC

With regards to whether or not this is illegal harassment, I'm somewhere between the responses you've already received.

I have to agree that generally, rude comments are not sufficient to qualify as illegal harassment, and that unfortunately pregnancy does tend to lend itself to comments that people honestly believe to be harmless joking. I really don't think that comments about your size, from your co-workers, are going to provide you with any legal recourse, rude as they may be.

However, I have some questions about the comment from your boss. He's in a different position from your co-workers; comments from him are in somewhat of a different category. I do not agree that his e-mail is self-incriminating; if anything it weakens any case you might have. I am by no means as certain as crzwldcat4 that you have a case here, but I do think there's enough question about it to make it reasonable to consult with an employment attorney. Hovever, if you have not already done so, I strongly recommend that you discuss it with HR first and give them a chance to handle it.

crzwldcat4, I have to echo Joe's comments here. I'd like you to consider the fact that it's very easy to suggest to someone that they quit a job when you are not the one who will have to suffer the consequences. There is no guarantee that she will qualify for UI if she quits, or that she will win any kind of constructive discharge case. Even if she does, compensation for it is months, if not years, away. Are you going to pay her bills in the meantime? If you believe you are seeing discrimination, you are perfectly free to express your opinion, but no more suggestions that posters quit. Okay?

Your co-workers' behavior is not sexual harassment. There doesn't appear to be any sexual content to their comments, which is a requirement for sexual harassment.

I also doubt that it is harassment because of your sex. Being pregnant does not provide any special treatment under the EEO laws; basically the laws say you can't be treated differently under similar circumstances than someone who is not pregnant.

Your co-workers probably continue with their comments because of your reaction. Most women do get huge during the final stages of pregnancy, their hips widen, their breasts become engorged, and their ankles and legs swell. It's a fact of life. Yes, most civilized people don't point out those changes, but you seem to work with a bunch of juveniles. Instead of getting so upset, it's probably healthier for you and your baby to simply laugh with them and remind them that it's not a permanent condition and it's well worth the end result. You need to believe that too. You can't make a federal case out of every incident of boorish behavior you encounter.

If you want to pursue this, however, complain to your boss' superior.

To prevail on a constructive discharge claim under the EEO statutes, you must establish that you suffered illegal discrimination which created such intolerable working conditions that a reasonable person had no choice but to resign. I don't think you are suffering illegal harassment and clearly you have not described intolerable working conditions that would force a reasonable person to resign.

London, As sad as it seems the other poster are dead on the money. What makes one uncomfortable and what constitutes illegal discrimination are two different things. Being absolute jerks is not illegal. Try to follow the advise you have been given and do your best to laugh it off. Yes I know easier said than done especially when your hormones are running rampant. Just keep in mind it is temporary and it won't be long until you are back to normal and enjoying your newborn daughter. Perhaps many that make comments that cause you to be distressed envy you and your choice to have a family, who knows. Good luck and keep smiling.

CA has become very aggressive in holding employers liable for sexually harrasing comments - particularly when those comments are made by employers in a supervisory capacity. In fact, the state enacted AB 1825 http://info.sen.ca.gov/pub/03-04/bill/asm/ab_1801-1850/ab_1825_cfa_20040330_105829_asm_comm.html, which provides mandatory sexual harrassment training for employers with 50 or more employees.

I am aware of a CA law firm that obtained a $650,000 settlement against a CA employer who allowed its pregnant employee to be subjected, among other things, to comments like “you are a fat cow,” and joking requests that she "provide a sample of her breast milk." As sexual harrassments claims are very fact specific, you really need to make an appointment with an employment lawyer to review your entire ordeal. Suffice to say, I am not nearly as convinced as the other posters that you do not have a bona fide, sexual harrassment claim.

I agree with that Barry I just don't think the O.P would be in a better legal position if she quit,under the theory of constructive discharge.
JoeC