HOSTILE WORK ENVIRONMENT CREATED EVEN WHEN SEXIST INSULTS NOT AIMED AT PLAINTIFF

Joyce E. Kichens, Esq. Senior Partner

Reeves v. C.H. Robinson Worldwide, Inc., 2010 U.S. App. LEXIS 1157 (11th Cir. Ala. Jan. 20, 2010)

Plaintiff complained that indiscriminate and discriminate vulgar language and discussions of sexual topics created a hostile work environment. Co-workers in addition to regular use of the F word also discussed sexual topics such as masturbation and bestiality. She complained to the offending co-workers, her supervisor, and branch managers. Eventually she resigned her position when no action was taken. The district court granted summary judgment on the grounds that the general vulgarity was present for both men and women. The Eleventh Circuit reversed, holding that although general vulgarity generally is not actionable because Title VII is not a “general civility code,” harassment which constitutes discrimination is illegal. Here, the court held that evidence that co-workers aimed a substantial amount of the insults were aimed specifically at women, (calling them bitches, whores, sluts and cunts) was sufficient to create an issue of material fact as to the existence of a hostile work environment, even though Plaintiff was not called these names. The court noted that even if the terms “bitch” and “whore” were applied to men as well as women, those terms belittle men by belittling women.