Javier is greeting a team member. Javier is having a conversation with Bianca about work performance concerns. Bianca is looking at a clipboard while using a telephone to report the incident.

The Office Party

Javier is known as a good supervisor and is well-liked by his team. He pays attention to detail and strives to treat everyone fairly and equitably.

During a recent office birthday party, some inappropriate jokes were told. Bianca laughed at the jokes and even told one herself. She did not appear to be offended by the conversation, and Javier didn’t see the need to intervene as everyone seemed to be enjoying themselves.

Afterward, she mentioned to Javier that she felt the tone of the party was offensive and a bit over the top. Yet Javier did not take any action.

Now, two months later, Bianca's not doing well at work. She often arrives late and has been missing deadlines with important clients. Javier will likely need to terminate Bianca because of poor performance.

After receiving a final warning for her performance, Bianca believes she has been treated unfairly. She recalls the birthday party conversation and, in her present state of mind, decides she was offended so she files a sexual harassment complaint.

So, she files a sexual harassment complaint.