Is A Supervisor’s Comment to a Subordinate About Her “Boobs” Sexual Harassment?

Is A Supervisor’s Comment to a Subordinate About  Her “Boobs” Sexual Harassment?   A female police officer made several allegations of sexual harassment against her supervisor.  The employer responded with an investigation through its Human Resources department which was supported by legal counsel.  The report generated by the investigation eclipsed 1,000 pages.

Though the costs of the report has created media buzz, the workplace investigation concluded that the comment was inappropriate, but that the comment was not sufficiently severe to constitute sexual harassment.

Though the report is not currently published, it is likely that the employer’s policy against sexual harassment in the workplace did not include a “zero tolerance” provision.  Instead, the policy may have followed the standard (or definition) of “sexual harassment” under federal law that permits sexually charged conduct, generally speaking, so long as it is not offensive to the person to whom it is directed and it did not unreasonably interfere with the individual’s ability to work.

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