Is this sexual harassment?

[Kittaykat]

Is being called a sexual name implying that I perform sexual acts with the same sex considered sexual harassment?

 

[cbg]

That would depend on whether it was part of a general pattern of behavior.

Legally, a single instance is not enough to support a claim of sexual harassment. So no, even a statement of that type, if nothing else happened, would not be considered sexual harassment. But if a statement of that type was only one of a number of different like actions, then it might be.

 

[Kittaykat]

This was a one time incident, but at work in front of equals and employees. The person was screaming and cursing and meant it to be derogatory.

 

[cbg]

No matter what the circumstances, a one time instance of the type you describe is not enough for a sexual harassment claim.

 

[Kittaykat]

I retaliated and called this person a name (outside of work) and he cited harassment and said I publicly degraded him. I was written up for it. This was only a one time thing. He has recourse at work, but I don't? What he said was way worse and he called me from work while on duty!

 

[Green_Hornet]

I retaliated and called this person a name (outside of work) and he cited harassment and said I publicly degraded him. I was written up for it. This was only a one time thing. He has recourse at work, but I don't? What he said was way worse and he called me from work while on duty!

Then you may have a disparate treatment claim since he you are being treated differently.

 

[Kittaykat]

How would one proceed with that issue?

 

[Green_Hornet]

How would one proceed with that issue?

One would contact a lawyer that has experience,and a track recored in pursuing these cases.
If he sees cause he would then launch a complaint with either the U.S EEOC or the State equivalent. Or he would advise the client that their is not enough to proceed with (No case).
The employee could file with the appropriate agency regardless of the lawyers advice,but its very rare for a favorable agency finding to occur in cases where attorneys have sat down with a client and gone over the facts rigorously.

 

[cbg]

Except for one thing:

Just because he claimed harassment doesn't mean it exists. I didn't say that he had recourse and you didn't. I don't think anyone said that.

I said that what you described did not constitute sexual harassment. And it doesn't. That doesn't mean that you have no recourse and he does. It means that you do not have a claim for sexual harassment. Whether he has any kind of claim for any kind of harassment is unknown.