Labor & Employment Law

11th Circuit Holds Cause of Action Stated For Sexual Harassment Even Though Plaintiff Was Not The Target of Language

11th Circuit Holds Cause of Action Stated For Sexual Harassment Even Though Plaintiff Was Not The Target of Language
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/

Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Reeves v. C.H. Robinson, ___F.3d___(11th Cir. April 28, 2008) is an unusual hostile environment sexual harassment case. In a well-reasoned opinion, the court held that a cause of action was stated for sexual harassment based largely on degrading language that was not specifically directed towards plaintiff. The court, looking to Title VII racial harassment cases reasoned:

The language in the CHRW office included the ?sex specific? words ?bitch,? ?whore,? and ?cunt? that, under Baldwin, may be more degrading to women than men. The subject matter of the conversations and jokes that allegedly permeated the office on a daily basis included male and female sexual anatomy, masturbation, and female pornography, all of which was discussed in a manner that was similarly more degrading to women than men. The radio programming that Reeves claims was also similar.

Therefore, even if such language was used indiscriminately in the office such that men and women were equally exposed to the language, the language had a discriminatory effect on Reeves because of its degrading nature. Accordingly, just as the language in Walker was sufficient to support Walker?s hostile work environment claim because it particularly offended Walker as a black man, we hold that the evidence Reeves presented was sufficient to survive summary judgment on the ?based on? element here.

This case was an easy "no brainer" for the court. A May 5, 2008 law.com article about this case is available here.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on May 20, 2008 (boomark / email).