“Slapping Someone on the Buttocks or Grinding One's Pelvis Into Another's Behind”

Is "slapping someone on the buttocks or grinding one's pelvis into another's behind” sexual harassment? That was the issue decided yesterday by a federal appeals court. A male worker went to court after a male co-worker did this to him. The company said it was horseplay. Not so, said the jury and judge. Now, a federal appeals court has ruled, affirming a $300,000 judgment against the company that failed to take actions against this behavior. 

The court said: “Plaintiff described these incidents as escalating from a slap on the rear, to a painful grab on the rear, to grab by the hips and “hunching,” i.e., briefly simulating sex. A threatening gesture after the first incident and a verbal threat after the second apparently did nothing to prevent subsequent incidents. The incident Plaintiff observed with Gill similarly involved inappropriate touching. Taking into account all the circumstances and viewing the facts in the light most favorable to the Plaintiff, we cannot say that the jury’s determination that a hostile or abusive work environment existed was unreasonable.” For more: Click here.