HEY, WORKPLACE LOUDMOUTHS: WHAT YOU SAY MATTERS! QUESTION: I work in an office with a bunch of guys. Our cubicles are pretty close together, so it’s really easy to overhear other peoples’ conversations. Two of my male co-workers talk to each other a lot about topless bars and the physical attributes of women they’ve been dating in very graphic terms. This kind of talk makes me uncomfortable. I have asked them to stop several times – and they told me to mind my own business and stop being such a b—ch. Later I overheard them joking that I was “on the rag.” I asked a supervisor if he could do anything about it, and he told me to ignore it or get ear buds. Is there anything else I can do? It’s getting so I don’t want to go to work. ANSWER: What you’re describing sounds like a hostile work environment, which is actionable as sex discrimination under Title VII of the Civil Rights Act and Michigan’s Elliott-Larsen Civil Rights Act.
Title VII prohibits employers from discriminating against individuals “[w]ith respect to … terms, conditions, or privileges of employment, because of such individual’s… sex[.]” Your work environment is a “term or condition” of employment. When that environment becomes hostile – that is “permeated with discriminating, ridicule, and insult … sufficiently severe or pervasive as to alter the conditions of employment” — a cause of action exists.
Employers have a legal duty to take action that will prevent sexual harassment – and that includes ensuring that the work environment is not sexually charged, hostile, and offensive to employees. Does your company have a policy on reporting sexual harassment? If so, follow the company’s guidelines for reporting such conduct. If you still meet with no success, or the situation becomes even worse, you may wish to consult with an attorney. If you are forced to quit because of this environment — depending on the severity and frequency of these obnoxious conversations — you may be able to receive damages from your employer.
To prove a case of sexual discrimination based on a hostile environment, an employee must prove that the offending behavior was unwelcome, that it was based on gender, that it was “sufficiently severe or pervasive to alter the conditions of employment and create an abusive atmosphere and that the employer allowed this hostile environment to exist.”
Unsure how to proceed? The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
By: Daniel A. Gwinn, Esq. Attorney and Counselor at Law GWINN TAURIAINEN PLLC 901 Wilshire Drive, Suite 550 Troy, MI 48084 (248) 247-3300 (248) 247-3310 facsimile [email protected] www.gwinntauriainenlaw.com
HEY, WORKPLACE LOUDMOUTHS: WHAT YOU SAY MATTERS!