Worst piece of evidence in a sexual harassment case?

In working with employers and employees on sexual and racial harassment claims, I have seen some extroadinary stupid actions.  Supervisors who joke about a female suboordinates body parts, a manager running around with panties on his head, a boss who forced female employees to have meetings at strip clubs the and insaneness of a male supervisor referring to a female employee’s pack of cigarettes in her shirt pocket on her chest as a “third tit” (That is a quote).

By far though the email exchange below between a a male supervisor and a female employee about to take medical leave is the worst:

Female Employee: Just reminding you I will be gone from tomorrow through the 14th, on medical leave.  I know I will be missed J  Hope I have a job when I come back!

Supervisor: You will have a job when you come back . . . it may be as my mistress, but you will have a job.

This exchange teaches two lessons:

  1. Don’t write anything you would be embarrassed for your wife, husband, mother to read.
  2. If you must write it, remember it could be read in court some day or even worse be published to the world through the Web.

This sexual harassment case settled on terms favorable to the employee.

Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Shawn J. Roberts, P.C. in Oklahoma City. I live in Edmond with my wife Amy and my two children, Sam (19) and David (11). We live precisely in the path of where the "wind comes sweeping down the plains."

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