If this was your husband...

[Micca]

Disgusting. Could I buy them all a beer?

 

[CA Disney Fans]

That's horrible what your DH's co-workers did. Knowing how my DH's temper is he'd probably go off on whomever did it. I hope they didn't ruin any important paperwork or files that were on your DH's desk.

I'm a bit confused as to how the HR department at your DH's work would allow this to take place. And then not reprimand anyone.

 

[poohandwendy]

I guess where I have a sticking point is if this is truly something of a "sexual" nature. It's certainly gender-specific, but I'm struggling with whether it qualifies as sexual.

I'm trying (in my mind of course) to substitute other gender-specific non-sexual items like women's cosmetics or men's after-shave and thinking through whether that would be sexual harrasssment. I don't think it would be, but then again....

I think it can be considered of a sexual nature because it is an item used in a sexual organ.

I am just throwing things around here, I have no idea what a lawyer would say about it...but I'll bet if an employee pushed it and this sort of behavior was repeated, they would have a case.

 

[poohandwendy]

Just Googling and found this from The U.S. Equal Employment Opportunity Commission:

Facts About Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

* The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
* The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
* The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
* Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
* The harasser's conduct must be unwelcome.

It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

Not super clear on what exactly constitutes conduct of a sexual nature...

 

[kristen821]

I guess it could be considered sexual harrassment, but my guess is this guy and these women have that kind of relationship. I kind of doubt his wife will hear much about it, because he has most likely played the same type of jokes on them.
I do agree with everyone that it is completely gross though and I don't care what kind of joke was played on me I could never bring myself to do something like that.

 

[DVC Sadie]

Sorry, that is totally unacceptable whether it happened in the work place or anywhere else for that matter.

 

[Stacey2grls]

That is absolutely disgusting and gross! I love a good joke too, but that is just plain nasty!

 

[momrek06]

EWWWWWWWWWWWWW!!!!

SO NOT COOL AT ALL.

 

[swea_pea1]

Just Googling and found this from The U.S. Equal Employment Opportunity Commission:

Not super clear on what exactly constitutes conduct of a sexual nature...

Yeah, me neither.

Here's a real life example and purely anecdotal....there was a girl in our office who did not get along with her supervisor, also a woman. The supervisor was having a "sex toy" party and invited all her female employees. One of the employees went to HR claiming sexual harassment, because her perception was that since this was her supervisor, her job may be threatened by the fact that she had no interest in the party and wouldn't be attending. Since the men weren't invited, this was clearly a girl's night out and the employee thought she'd be looked upon as a wet blanket. She didn't think the supervisor would fire her for it, simply that the supervisor would review her differently, her merit increases would be affected, etc. When HR got involved, the supervisor was given a written warning that did affect her merit increase and review that year as well as staying on her permanent employment record.

I don't know if the sexual harassment part stood up because the supervisor didn't invite the men (thereby skewing things against the women in the group) or because of the nature of the party. My personal opinion is that the latter caused the ruckus. I don't think the same uproar would have happened if it was a Pampered Chef party.

This is a lot worse than Pampered Chef but not quite as bad as a sex toy, so I don't know where it would fall. Like I said, certainly inappropriate enough to warrant a discussion and quite frankly, after all my uncertainty about this, probably a call to HR for guidance. But I just don't know if I could see this as sexual harassment.

 

[DaisyD]

Sounds like a real classy place you work at. I'd be looking for a new job pronto!

 

[poohandwendy]

I don't know if the sexual harassment part stood up because the supervisor didn't invite the men (thereby skewing things against the women in the group)

The way i am reading the law, gender doesn't realy matter. But, that is another interesting case where the lines are really unclear. I cannot find anything that clearly describes all can be considered 'of a sexual nature'.

Seems to me that there is so much room for enterpretation that it must be hard to be an employer.

 

[Lyn5]

My understanding has been that if it makes someone uncomfortable, whether they are a party to the actions or a witness, it is harassment. For example, if my co-workers are dating and I catch them on company time and I am uncomfortable with their actions, that could be haraassment. If a customer is contantly hitting on my coworker and is obscene and I am uncomfortable with his suggestions (even though they are not directed to me), that would be harassment. In this case, I would agree that because of the nature of the items used in the prank, it may be sexual harassment, if any party was uncomfortable with joke. Not saying the OP should file a claim, especially if it is accepted at her new job and likes it there otherwise and it is something she can live with....but if not, that would be her choice. I personally thought that the joke was in poor taste and took things too far.

 

[swea_pea1]

The way i am reading the law, gender doesn't realy matter. But, that is another interesting case where the lines are really unclear. I cannot find anything that clearly describes all can be considered 'of a sexual nature'.

Seems to me that there is so much room for enterpretation that it must be hard to be an employer.

The more vodka I have tonight, the more I think about this

(Note to self: eat dinner next time before unwinding after work)

The way I understand the law, the gender of either party is insignifant if the offense is sexual in nature period. For example, the men in the example I gave before also could have had a claim for not being invited to the party because it gave the women an unfair advantage. They could have seen their exclusion as being gender-biased which she admitted to me, it was, due to the nature of the party. I guess she would have been uncomfortable at the demonstration with employees who were men. Partying with the boss can be considered an advantage much like shunning the boss's party could be a disadvantage.

Also, the way I understand it, if man #1 overhears man #2 making sexual advances in the workplace towards a woman, man #1 can claim the sexual harassment if he found it offensive.

We need an HR guru in here to set us straight....lol

 

[swea_pea1]

OK, I just re-read my post above and PAW, I think I just proved your point.

Not only that, but the note to self is a really good reminder!

 

[tiggerlover]

Totally inappropriate, absolutely gross, very unprofessional.

What kind of business are you in and what is the age group of these people? Not that it matters, but maybe it would explain something, because where I work I don't know anyone who would think this is funny. Very childish if you ask me.

 

[wide awake]

So gross, reminds me of "Rocky Horror Picture Show"...have a feeling w/ the age group that is where the tuna oil came from...what a bunch of skags...is that an okay DIS word ? Sorry, I wouldn't be anything but frosty polite to these losers...and trust me, I don't care what their title is, their income, etc...absolute losers. I can only imagine what their Penicillin bill is.

 

[Nancy]

While gross it's not as bad as what my male manager used to do with tampons when I was a hairdresser way back when. (Think red hair dye and the sanitary item) we were all very young females and were afraid to say anything to the owner. (It was his brother in law) I think back now and I still cringe when I remember him....the best day of my life was the day I quit and walked out the door.

If the man was upset by it, and I'm thinking it might be the smell that makes him mad, then he should complain...BUT what how been the nature of the other jokes all week; what has he done to the others?

 

[poohandwendy]

OK, I just re-read my post above and PAW, I think I just proved your point.

Not only that, but the note to self is a really good reminder!

you crack me up...pass the bottle.