You Have a Right To Feel Safe in the Workplace

You Have a Right To Feel Safe in the Workplace.

If your workplace and its atmosphere is “sexually charged” with offensive behavior, you have a right to protection, from the harassment.

In EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed the EEOC a victory that serves to expand the meaning of what constitutes sexual harassment under Title VII of the Civil Rights Act of 1964.

In the September 27, 2013, en banc ruling, a 10-6 majority held that the crude sexual banter and ribbing of a heterosexual male worker by a heterosexual male supervisor could constitute sexual harassment under Title VII.

The employee, Woods, was an iron worker and structural welder.  In a worker site that “was an undeniably vulgar place,” as the Fifth Circuit described it, Woods’ supervisor, Wolfe, and the other members of the crew, regularly used ‘very foul language’ and ‘locker room talk.’”  After Woods revealed that he used “Wet Ones” instead of toilet paper at the work site, he was consistently targeted by Wolfe for being “kind of gay” and “feminine,” and was called a “princess,” a “pu–y,” and a “fa–ot,” two to three times per week.

In addition, Wolfe approached Woods from behind and simulated anal intercourse with him, exposed his penis to Woods while urinating, suggested that Woods perform fellatio on him, and made crude remarks about Woods’ daughter — all of which caused Woods to feel “embarrassed and humiliated.”  The evidence suggested, however, that while Wolfe thought that Woods was “not manly enough,” he did not in fact believe Woods to be a homosexual.  The evidence also suggested that Wolfe used similar language in speaking with other workers, and that vulgarity was commonplace there.

The Equal Employment Opportunity Commission (EEOC) initiated a suit against Boh Brothers, and a jury found that the employer was liable for damages arising from the sexual harassment of Woods by Wolfe. Boh Brothers appealed.

The Fifth Circuit held that a sexual harassment claim could be established by showing “evidence of sex-stereotyping” and thus “the EEOC may rely on evidence that Wolfe viewed Woods as insufficiently masculine to prove its Title VII claim.”  In this, the Court held, the focus is on the alleged harasser’s subjective perception of the victim.

Do not permit anyone to victimize you in your place of employment. You have the right to feel safe where you work.  If you think you have been a victim of any form of harassment or discrimination, call us. Regan Law PLC is an experienced law firm with an experienced Team of attorneys ready to help you.