Calvin Associates, Inc.

post »“Alleged Harassers’ Intent Irrelevant to Hostile Environment Determination” 2-1-16

February 21 2016, 11:22 pm

http://www.jdsupra.com/legalnews/alleged-harassers-intent-irrelevant-to-96529/

Bruce’s Summary: Life in the workplace since the 1970’s is supposed to have gotten better and in some instances it has, but it appears that certain bad behavior still occurs and some people – whether employees or management – just don’t get it. The authors show how employer tolerance of inappropriate behavior, regardless of the intent, doesn’t pay. As we have all been told over and over again in training that damage occurs in the eyes of the beholder, not on the accused harasser’s intent. The employer did issue warnings to the affected employees but it appears that because there were repeated offensive comments and jokes made to the plaintiff over a period of time the court determined the racial harassment allegations constituted sufficient grounds to demonstrate a hostile and offensive working environment. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com