E
EasterJoy
Guest
The law does not go so far as to prohibit all things of that nature that are unwelcome, even though smart attorneys of employers might well imply to employees that it does–and which was certainly the implication I got in the training I have had! Smart employers try to err on the side of caution, heading off even attempts at lawsuits. If employees don’t know that the rules are being made out to be stricter than they are, what is that to the employer?“She” can insist that there be none at all. (Talk about or from a person related to his/her sexual preferences, orientation, habits etc.)
What a lot of people fail to realize is that any conversation of this nature, even between two people who are “OK” with the topic, can be viewed as a form of sexual harassment if even one other person in the work area does not want to hear it. Sexual harassment is not confined to openly obvious remarks, suggestions, attempts to touch etc. All that has to be present the wish of own person to not see or hear anything of that nature.
In addition, if there are any others present in the office who are aware of this and they don’t report it they can be found guilty of sexual harassment. I learned this as a supervisor during company training on this issue as well as issues that can be viewed as “Creating a hostile work environment.”
Folks need to be very careful about what they talk about at work. If this person does not want to be subject to this type of discussion, be it about heterosexual or homosexual relationships, or simply jokes about sex, or conduct related to it, then it must be stopped. Any company that does not make this abundantly clear to staff is in for a major law suit sometime down the road. And employees need to take heed, as it is a fast way to be accused of something they might not really be guilty of and a fast way to lose a job.
This is what the U.S. Equal Employment Opportunity Commission (EEOC) has as in its short recap of the rules:
*Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The offensive sexual remarks or actions do not have to be aimed at the victim, but the victim does have to make it clear that the remarks or actions are unwelcome and are rendering his/her work environment hostile and either get no redress or else suffer negative repercussions as a result of making his or her feelings known.The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.*
eeoc.gov/laws/types/sexual_harassment.cfm
If an employee were to voice objection to sexual talk and as a result was subjected to a hostile work environment, that could constitute harassment. For instance, if people were making what would normally be permissible remarks, but doing it in such as way as to constitute covert aggression against her, that could make her work environment unduly difficult for her.
As other posters have wisely pointed out, though, it is far better not to make it come to that. If you don’t want your coworkers to be hostile towards you, you have to be careful not to seem hostile towards them. In this case, it is far better to make it your policy that you don’t welcome talk about sex in general or anyone’s personal sexual information in particular. If you do that, it is far less likely that a homosexual would feel you are singling him out for your hostility by saying that his remarks alone make you uncomfortable. (Besides, why would a Christian bothered by one kind of impure talk not be bothered by the rest? My sense of this OP is that she wouldn’t want to have to listen to any leering comments from men about other women, either!)
OP, you do, after all, want this fellow feel comfortable at work, too. Even if it were legal not to care two figs about his feelings, it wouldn’t be kind. When the choice is between being kind yourself or trying to get him to be kind to you, you have to start with yourself, and with him as he is right now, not as you’d hope he would be.
When in the world, expect the worldly to act worldly. Expect those in the flesh to act and talk as if they are in the flesh. Remember, too, as the Lord pointed out, that even the pagans are willing to love those who love them. This fellow is not likely to let up on talking about sex because you think there is something wrong with his sex life. It is entirely possible he will do it because you are a friend who is uncomfortable talking about sex or talking about anyone else in a way that could remotely make them into a thing instead of a person. Start with where he is, then, if at all possible.
Do not expect a person to welcome the Gospel when the news is primarily that they need to cut it out with the sinful behavior. The more likely route to giving up the flesh is to have a desire for what is of the spirit first, to have a sense that even those with the most shocking habits are still seen as human beings, with the rest to follow. You would probably be wise to stay off the subject of sex and sexual orientation entirely while at work. Making the fellow feel you are hostile to him would not only be unkind. It might also be felt as harassment, but by him.