Workplace was ‘like a guys’ locker room’ — but was it harassment?
July 1, 2009 by Sam NarisiPosted in: Latest News & Views, Sexual harrassment
There’s a lesson in a recent federal court ruling on sexual harassment: It’s not the actions that count — it’s the effect of those actions on the victim.
One recent case involved a saleswoman for a trucking firm in Cleveland, who characterized her workplace as “like a guys’ locker room.”
She told the court her workday was filled with foul language, with male employees “openly and loudly” referring to female customers, truck drivers, co-workers and others as “bitches, whores” and other offensive names.
She complained to management, but no action was taken, she said. The woman quit and later filed suit.
In court, the company asked the suit be dismissed. The behavior wasn’t aimed at any specific person, company lawyers said. Therefore, it couldn’t be regarded as harassment.
A lower court agreed with the company, but an appeals court reversed.
The lower court focused too narrowly on the conduct rather than the effect on the individual, the appeals court said. The case was sent back for trial – which means an expensive legal battle or an equally expensive settlement.
Cite: Gallagher v. C.H. Robinson Worldwide
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July 8th, 2009 at 10:27 am
Seems ridiculous to me that the company claims because the “behavior wasn’t directed any any individual it couldn’t be harassment”. Whatever happened to behavior causing a Hostile Work Environment? Glad to see the decision was overturned and will go to trial. No one should have to work in that kind of an uncomfortable environment.
July 8th, 2009 at 10:44 am
Thankfully the appeals court overturned this. Otherwise, it just breeds a hostile work environment and the company could fall back on the old “not being directed at any specific individual” claim.
July 9th, 2009 at 8:56 am
Another example of the “good old boy network” that will not die, and where this type of behavior is considered acceptable, apparently even by the lower courts! I wonder how those “courts” would feel if their own daughters or grand-daughters had to listen to conversations where women were referred to as whores and bitches.