In a recent federal court decision in New York, a court
ruled a jury could find that an employer’s use of “bitch” could constitute
sexual harassment. Maria Valleriani quit as finance manager of a car dealership
after she was subject to a torrent a sexist verbal abuse. Examples included: “go
take your pills you menopausal bitch,” “stop being a bitch,” “you smell like a
French whore,” “you look like shit today,” and “your hair looks witchy.” Worse
things were said, too. Valleriani complained of the abuse but nothing changed—so
she quit, and later claimed that she was constructively discharged (meaning she
was forced to quit by intolerable work conditions). The court said: “Considering
the totality of the circumstances, if Plaintiffs allegations are taken as true,
a rational juror could find that Plaintiff’s workplace was permeated with
discriminatory intimidation and insult to sustain a finding of a hostile work
environment.”
More generally, the federal appeals court in Chicago (Seventh Circuit) has
said the following about the use of “bitch” at work:
We recognize that the use of the word "bitch" has
become all too common in American society, and its use has permeated many
workplaces. Common use, however, has not neutralized the word as a matter of
law…. We do not hold that use of the word "bitch" is harassment
"because of sex" always and in every context … . [T]he use of the
word in the workplace must be be viewed in context …. But we do reject the idea
that a female plaintiff who has been subjected to repeated and hostile use of
the word "bitch" must produce evidence beyond the word itself to
allow a jury to infer that its use was derogatory towards women. The word is
gender-specific, and it can reasonably be considered evidence of sexual
harassment….
No comments:
Post a Comment