Tuesday, August 9, 2011

If your workplace has “No bra Thursday,” it’s time for some harassment training


According to the Salt Lake Tribune, a Utah woman has sued her former employer, claiming she was sexually harassed at work. The allegations, according to her federal lawsuit, are outrageous:

  • Her supervisor provided a written work schedule that included “Mini-skirt Monday,” “Tube-top Tuesday,” “Wet T-shirt Wednesday,” “No bra Thursday,” and “Bikini top Friday.”
  • Her supervisor repeatedly asked “about her breast size and talked about her breasts in front of other employees.”
  • He asked her to show him her breasts, and inquired about whether she shaved her pubic area.
  • He slapped her on her buttocks at least twice.
  • He repeatedly asked her for oral sex.
  • He offered a free mammogram when she asked for time off for a doctor’s appointment.
  • He told her he was installing a shower in the office so they could shower together.
  • He offered a recipe for a “sex cake.”

He also allegedly told her that she’d be fired if she did not sign a document granting him permission to sexually harass her. You can toss all of the other facts out the window. If the plaintiff can produce a piece of paper in which the employer asked her to give up her rights to be free from harassment, this case is over. And, it will be over with a huge settlement to avoid the risk of a crippling award of punitive damages.

Do I need to even say that “No bra Thursdays” are a workplace no-no?

You can read the complete list of allegations in the complaint:

Anderson v. Lone Peak Controls

 


Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

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