I was hired as a paid intern six months ago and stayed on as a regular employee. I'm hard-working and have good work ethics. The supervisor has been a good source of information. However, his conversations have consistently been sex based - examples are: his own personal stories such as his and his wife's experience when they used Viagra and his own bodies response, stories of past sexual interactions, his first sexual experience, explicit descriptions of his worst pornographic magazine cover that was in a German porn shop, etc, etc or jokes about sex or uses sexual verbiage and one time looked up my baggy shorts. It is disgusting. Several of us females have made comments to him that we don't like to hear this kind of stuff or have said "too much information!", but he keeps on. One female coworker (just recently left the company) called him a pervert to his face and to the other female coworkers. After sharing some of my experiences, another female coworker in another department thought it was more a "power" behavior. He also has repeatedly blown up at me (but not the others) and berated me in front of others.

Realizing this wasn't going to stop, I gave my two weeks notice before finding another job with the reason that I need to make more money and that I didn't want to deal with the anger issue. I didn't mention the sexual stuff because I was afraid of retaliation. Since then, he has been extremely well behaved and suggested I just work part time until I find a permanent job. After telling him I would accept the offer, the next day he talked again about another one of his sexual experiences in mixed company. The young guys thought it was very entertaining. I expressed that women, in general, do not want to hear that kind of information and explicit sexual verbiage. He protested and right away asked if we wanted to hear about his son's sexual experiences. I said no. He continued to share but toned it down and made it a funny story.

The other issue here is that this past week coworkers in other departments who have always been friendly and pleasant are becoming quite cool to me. One, now won't look even look at me. I'm beginning to feel shunned or ostracised. I've been feeling depressed and anxious and sleep has become more elusive, so I've resorted to medication. Is this sexual harassment? or just harassment? or what? Do I have any recourse? I appreciate any suggestions you can give me.

Have you talked with your HR department (if available) or your supervisors boss? That is really the next step, a company can't do much to take care of this kind of behavior untill it's made aware of it and investigated. It sounds like there would be plenty of witnesses to back up your claim. The guy is a boor and you'd be doing everyone, including the company a favor.

If you do this and it's not followed up on, then it's good to talk with the EEOC or your state labor board.

It very well could be sexual harassment; however recent case law makes it necessary for you to exhaust all internal remedies before going to an outside agency. Did you at any time report this to HR or upper management?

I plan on going to the owner today (aka supervisor's boss) as there isn't a specific HR dept in this company. One of my concerns right now is the retaliation possibility since I'm looking for a new job and would like to use these past six months as a reference (I've done a very good job). Also, I'm having an interview tomorrow and they usually ask why one is looking for a new job. Should I keep quiet about this or give a general head's up in case they call them for a reference or not even use them as a reference. If I don't use them as a reference, they might want to know the reason. (maybe this isn't covered in this forum?) So I will be addressing this subject with the owner, as well. Isn't it illegal to give me a bad reference if I've done a good job or fire me if I bring the subject up? Thank you for your responses....they are motivating me forward instead of hanging out in a confused state.

You don't have an option of whether or not your prior employers can be "used" as a reference. Prospective employers are completely free to contact your former employers for references.

When asked by a new employer why you're leaving, you need to respond with an answer that focuses primarily on your carreer development/aspirations and how the position at hand fits with your interests and abilities. That is an answer that is going to impress an employer. If, during the interview, you are asked about your current supervisor, give a balanced response. I expect there are some things he did okay with (perhaps he was a good delegator or a good trainer) that you can share and briefly mention that he regularly talked about his sex life and other intimate personal matters which you found to be inappropriate and very unprofessional. If you respond with a mature and balanced answer, the interviewer will be favorably impressed. What you don't want to do is make the SH problem with your supervisor a focus of an interview or indicate that it's your reason for leaving.

Beth, that is very good advice and well stated.

Thank you. I have occasionally interviewed candidates who went on at great length about a SH problem they had or were having at their current job. The problem with doing that is (a) it makes the interviewer concerned about whether the employee will bring a lot of "baggage" to their next job, and (b) the interviewer needs to make some sort of evaluation whether SH actually occurred or whether the employee is making a mountain out of a molehill, which does indeed happen.

For those reasons, it's best that the poster's supervisor's behavior not be focus of any interviews.

:) Thank you cbg, Sockeye, and Beth 3. I'm breathing better. The goal now is to get through this quickly and then move on.

Good luck.

Isn't sexual harassment a violation of Civil Rights? This would not only cover just one state, but all states. Tell me if I am wrong, but I have a good case in Indiana, have read a total of 30 hours, and it all boils down to violation of Civil Rights.

While some state laws do, the federal anti-discrimination statute doesn't require an employee to exhaust all internal remedies before going to an outside agency. What is required in matters of hostile working environment sexual harassment such as the situation you describe, is to inform the person that his sexual comments and discussions in your presence are offensive and you want them to stop and if your company has a system through which employees can complain about sexual harassment, to use it. If the company doesn't have a complaint system, I would recommend that you inform your supervisor's supervisor about the harassment. Once you've done that, if the offensive behavior continues you can file a charge with the federal agency, EEOC.

Everyone here has given you great advice, BUT, I would have to say don't bring up the Sexual Harassment in any future interviews. Unfortunately, regardless of how legitimate the claim is, I think it may cause unfavorable feelings from the interviewer... I am not doubting your credibility at all, and this guy sounds like a creep, but I strongly discourage you from bringing it up.

I have been in your situation many years ago before I conducted interviews and I did mention it in a few interviews I was in, and it did not help me. One interviewer actually told me later that it concerned them because it made me seem like a possible problem down the road, etc... At the time I thought it was completely unfair and discriminatory, but now, conducting over 20 interviews a week, I can honestly say that it is completely true and I am thankful he told me before it cost me another job.

I would always stick to reasons regarding your professional goals... at the very most you can state that the environment was unprofessional and not to your liking...

Anyways, good luck, I really feel for you and it is a horrible situation you are in...

What are you talking about, don't bring up sexual harassment? I am trying to find out my rights and who to turn to. Would you put up with it? If you are talking about a job interview, who would be stupid enough to bring THAT up? I am quite embarassed by the whole thing and just want justice done.

My bad, I was responding to the original poster and didn't realize how old their post was or that you added on to a post that was almost a year old??? May have made more sense had you created your own post??? Anyways, I was not in anyway referring to your situation as I have no idea what you are talking about. Of course I would not tell you not to pursue sexual harassment complaint, anyways, good luck with your situation and next time start your own thread.

I did make a new posting one day last week. :D

Then you should have posted this question on that thread and not on someone else's thread that is almost a year old. It is very confusing to the responders.

My original posting of last week was a new one.

So, why didn't you post your question in THIS thread, on THAT thread?

Pat In Colorado

Since my first posting of "what is sexual harassment in the workplace", I have obtained an abundance of informantion. To answer your question, YES it is sexual harassment where you are working. If reported to HR, and nothing is done, go to the EEOC. In our case, we went straight to an attorney. He cannot fire you if you choose to file a complaint, for that is retalation and is against the law. If the company does fire you after you have filed a complaint, that just makes your complaint that much stronger. We have since filed 2 charges against our employer:

1) Sexual Harassment
2) Sexually Hostile Work Environment.

We work for a small company, no company policy, no sexual harassment or EEOC posters. Our attornies sent him a letter with a copy of the papers that were filed in court. In his "courtesy" letter, it states that retalation on any kind, not only firing, but change in working hours, work load, pay day, anything that changes your "normal, daily working routine. He was quite cold to us at first, but is "warming up" for, so to say, the kill. We believe that he is being nice, thinking we will drop the charges ..NOT. No woman should be subject to what you have been subject to, in the workplace or otherwise. You have witnesses to his statements and comments, USE THEM. You are the only one who can look out for yourself. I think you will be suprised at the other women in the office who have possibly been afraid to say anything, in fear of losing their jobs, who will also speak up. Women do not have to be subjest to this, in the workplace or otherwise. It is disgusting and degrading to ALL women, and bosses like ours need to be stopped. It is against the law and it is wrong!!!!! If HR does not satisfy you, then go further. If you really like your job and make the money you need..............STAND YOUR GROUND!
Remember, you do not have to take it and you do not havek to quit your job to get away from it. It will make a better working environment for all women, and isnt' that really what it is all about? ALL WOMEN? :cool:

Tiger, I am going to tell you one last time. Post in YOUR thread, not someone else's, particularly not someone else's that is over a year old.

To answer your question, YES it is sexual harassment where you are working. If reported to HR, and nothing is done, go to the EEOC. In our case, we went straight to an attorney. He cannot fire you if you choose to file a complaint, for that is retalation and is against the law. If the company does fire you after you have filed a complaint, that just makes your complaint that much stronger. We have since filed 2 charges against our employer:

1) Sexual Harassment
2) Sexually Hostile Work Environment.

The federal anti discrimination laws prohibit harassment in the workplace based on all the factors covered: race, sex, religion, national origin, color, age and disability. Sexual harassment is one kind of harassment prohibited. It is unwelcome offensive conduct of a sexual nature. A sexually hostile work environment is a form of sexual harassment. It occurs when conduct of a sexual nature unreasonably interferes with an individual's work performance, creating an intimidating, hostile, or offensive work environment. The conduct must be egregious or pervasive and for an employer to be liable for it, the employer must have known or should have known that it occured. So, while you may have filed two charges, the issue in each is the same.

It is not necessary to complain to HR before going to EEOC. However, the employee should have informed the offender that his or her behavior is offensive and unwelcome. If the behavior stops, it will be hard to prevail. The anti-discrimination laws don't prohibit consensual sexual behavior in the work place. They prohibit unwelcome sexual behavior and conduct.

The federal laws prohibit employers from taking adverse action against an employee who files a complaint or protests discrimination or harassment simply because the employee complained or protested. However, that doesn't prevent employers from retaliating. It only gives the terminated employee a course of action.

Retaliation does not strengthen a claim of discrimination or harassment. They are really separate matters, with different legal standards and analysis.

And on that note, we will close the discussion for another day.