Wednesday, June 10, 2009

Dirty Words in the Workplace

Interesting case before the 11th Circuit, determining "dirty words" uttered in the workplace can constitute hostile environment sexual harassment.

At issue in the case at the 11th Circuit are allegations of not only sexual jokes that Timmons said courts shouldn't assume are harmful to women, but also gender-based slurs that Timmons said should provide the basis for a discrimination claim.

Plaintiff Ingrid Reeves contends that she was subjected to words such as "bitch" and "whore" on a daily basis in her job as a transportation sales representative. As recounted in the 11th Circuit panel decision, there's no evidence that Reeves' co-workers called her names like that. Rather, Reeves complains about the use of such language more generally in conversation with her, such as when she was asked to "talk to that stupid bitch on line four."

Most of the language at issue was used in conversation she heard between co-workers or on the sometimes sexually charged local morning radio program favored by some of Reeves' colleagues. The program occasionally included discussions of subjects like women's breast sizes and pornography. Reeves also complained that others regaled their co-workers with sexual jokes, talk of masturbation and their own sexual tales.

All but one of Reeves' co-workers were men, and the only other woman worked in a different area of the office.