Pregnant and feeling harassed by a co worker

A lot of it depends on the issue of your employer's knowledge of what is happening. You did not mention if you have complained to a supervisor or the HR department. Without you bringing that to their attention, they will not be held accountable. If you already brought it to their attention and they haven't done anything about it, you should consult with an employment law attorney. Good luck.

Congratulations on your expectancy. If you feel any of your co-workers is behaving inappropriately the starting point is to talk to the employee directly and explain to him that you do not appreciate his behavior and ask him to stop. Depending on his response, or if he does not stop, talk to your manager or a human resource manager and tell them you feel you are being harassed because of your pregnancy. Ask that they take action to make it stop. Start a daily log, at home, of what has happened at work and who you talked to, while it is fresh in your mind. If the harassment continues or escalates, seek the assistance of an employment law attorney for more specific legal advice.

You may have a claim for sexual harassment or pregnancy discrimination depending on more details. If the co-worker who is making inappropriate sexual comments is a manager or supervisor of you, then there would be strict liability allowing you to pursue the company for the conduct of the harasser. You should definitely speak with an experienced employment attorney about your options. Most of us provide free consultations and take cases on a contingency, meaning if there is no recovery there is no fee owed.

You should certainly keep a log of what has been happening with all of your colleagues. From the limited information provided, it sounds like you are concerned with two issues: 1) Sexual Harassment-because of the comment about your co-worker stating that others "got you pregnant" and 2) Pregnancy Harassment. There is no legal action available for perceived pregnancy harassment, but you should not have to put up with it. You can complain to HR about the incidents and tell them, in writing, that it makes you feel uncomfortable and that you consider it sexual, pregnancy, and gender harassment.

I agree with the other lawyers' comments. Make sure that you are keeping management informed about what is going on, and as we lawyers like to say, "Document, document, document!" Keep an ongoing log documenting each instance of harassment, and all communications you've had with management about it. If your employer does not take any steps to remedy the harassment or allows it to continue, contact an employment attorney to go over your options.

It is unlawful for an employer to discriminate, harass or retaliate against an employee because of her pregnancy. Sexual harassment in the workplace is also unlawful if it is either "severe or pervasive" and if the employee is truly harassed and does not join in, joke along, etc. If you feel harassed, ask the harasser(s) to stop and notify HR or your boss of the conduct and your request to make it stop. It is a good idea to send an email so that you have written evidence of your complaint. If the conduct continues or if your employer discriminates against you or harasses you because of your pregnancy, related leave, etc., call an employment law attorney to discuss. Many of us offer a free initial phone consultation.

Unlawful harassment is a form of discrimination. To be unlawful, the harassment must be must be based on a protected category, such as race, sex, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment is also illegal if it is based on whistleblower status, taking or needing family leave, or some other protected category. An employer is required to provide a workplace free of unlawful harassment. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity, or indication of stereotyping. Harassment can also include offensive gestures, sexually suggestive eye contact or looks, mimicking the employee in an insulting way, and derogatory or graphic posters, cartoons or drawings. Harassment is unlawful when the conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive. Please look at my guide to unlawful discrimination: http://www.thespencerlawfirm.com/tslf-discrimination-california.php which should help you understand lawful and unlawful discrimination, how to enforce your rights, and time limits.