“Kink Room” at Work: You Be the Judge of Sexual Harassment

A recently filed lawsuit shines a light on the “locker room” culture that pervades Silicon Valley and elsewhere. This post has a specific purpose: Enable readers to judge the legal threshold for sexual harassment. The lead case is Harris v. Forklift Systems, a Supreme Court ruling from 25 years ago. The Court said that a hostile work environment is to be judged by the “frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.”

Now to Elizabeth Scott’s lawsuit (click here to read her legal complaint, https://cbssanfran.files.wordpress.com/2017/05/uploadvr-complaint.pdf). 

Boiling down her 20-page list of allegations, she affirms under oath that her male supervisors discussed their sexual exploits and prowess daily, including talk of having “three ways,” specifics about their sex partners, and male evaluations of female co-workers as promising or unappealing prospects for their sexual exploits. They maintained a “kink room” at work for sexual activity, where occasionally men’s underwear was left behind with tell-tale stains and women were directed to clean-up the room. There is more, but I’ll keep it here.

Now, you be the judge. Frequency (your answer)—is it enough to alter conditions of employment? Severity (your answer)—is it enough to alter conditions of employment? Physically threatening or humiliating, or a mere offensive utterance? (your answer)—is it enough to alter conditions of employment? Unreasonably interferes with an employee’s work performance (your answer)?

Some women played along with the boys. Those who didn’t were shunned— including getting the silent treatment all day at work and being left out of work meetings.