Quote:
Originally Posted by whell
It wouldn't need to be posted by a staffer. If it was posted by him, and one of his staffers saw it while accessing / updating his site, it could be grounds for a harassment claim, and it would fit the definition of a visual form of harassment. There have been workplace claims that have been brought based on less egregious visuals.
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There is no way that would satisfy the standard for sexual harassment. There might have been claims brought on less "egregious" photos, it is unlikely that they succeeded. A single inadvertent exposure would never get the attention of the EEOC or of any plaintiffs' lawyer who halfway knew his stuff. To establish a sexually hostile atmosphere, one must show that sexual conduct or innuendo is severe and pervasive
Besides the sexually hostile atmosphere, a plaintiff can make a sexual harassment claim by showing an actual or implied connection between keeping a job and sexual favors. There is not even the slightest hint of that in this instance.
What you have described is an incident that an employer should address, but not nearly enough to maintain a claim.
Regards,
D-Ray