Q: My boss makes sexual comments toward me but we are the same gender. Is that still considered harassment?
A:
Yes. You can report it to HR and maintain communications in writing. Seek an attorney's help asap.
See: http://www.aeesq.com/business-law/employment-lawyer/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A:
Is it unwelcome?
Have you asked her or him to stop? Have you reported to either human resources or a superior of your boss?
Sometimes an employee goes along because they believe they have no choice. Then, when they finally object or refuse advances they either get fired, demoted, or lose a promotion. Those situations are all illegal. An employer is permitted an opportunity to stop the boss or to provide training to the boss of unwelcome conduct but unless you report the behavior how would an employer have a chance to investigate and hopefully make it stop?
The law requires you to voice your concern. If you don't feel comfortable telling the boss then tell a higher level supervisor or human resources. Most companies have policies and procedures regarding sexual harassment (regardless of marriage, opposite gender, same gender, even other employees experiencing illegal behavior - sometimes it's a hostile workplace) and you should follow your company's policies if you can find them and do so. Then report to human resources. If it does not stop seek legal counsel from an employment lawyer ASAP! Good luck.
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