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Equal-Opportunity Jerks Take the "Sex" Out of Sexual Harassment

To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior that would make the plaintiff (and a reasonable person in the plaintiff's shoes) believe that the working environment are hostile or abusive. Wait, I'm forgetting something. Oh yeah, the complained...

Equal Opportunity Harassment Is Not Unlawful Sexual Harassment

For harassment to qualify as sexual harassment it must be because of sex. That means that the complained-of misconduct is of a sexual nature, or it singles out women differently than men. Non-sex-based conduct that targets women and men the same, no matter how harsh, is not sexual harassment. Case...

Dismissing Weak Claims

Sexual harassment week continues. Last post I addressed What is Sexual Harassment? The gist was that successful sexual harassment claims are harder to establish than some people think. Today's post comes at it from the other angle: getting rid of the bad claims ("bad" as in baseless) is...

Post-Employment Acts Don't Create a Hostile Work Environment

When Krysten Overly, a financial advisor at a bank, told her male boss that she was resigning, Overly claims that he grabbed Overly's arm to push her out the door. And as Overly left her boss's office, he yelled, "Good riddance, bitch!" What a jerk! But, as a matter of law, did...

Naked Twister, Orgies, and Facebook - COTW #105

Ah yes: naked twister, orgies, and Facebook . . . just another Case of the Week! In Targonski v. City of Oakridge , the plaintiff brought a number of workplace discrimination claims, including a sexual harassment hostile work environment claim. Her claim started off pretty well. She alleged that co-workers...