Ingrid Reeves was subject to a hostile work environment. As a transportation sales representative at C.H. Worldwide, Ms. Reeves heard her co-workers call women "cunts," "fucking whores," and "fucking bitches." None of this was directed at Reeves. This did not cause the 11th Circuit to pause because "a plaintiff can prove a hostile work environment by showing severe or pervasive discrimination directed against her protected group, even if she herself is not individually singled out in the offensive conduct." Specifically, "[i]t is enough to hear co-workers on a daily basis refer to female colleagues as 'bitches,' 'whores,' and 'cunts,' to understand that they view women negatively, and in a humiliating or degrading way. The harasser need not close the circle with reference to the plaintiff specifically: 'and you are a bitch too.'" The Court cites cases from the 4th, 2nd, and 7th Circuits to support its finding that the conduct need not be directed specifically at plaintiff, so long as it is directed at plaintiff's protected class. (A cleaner way to make this argument may be to state that the conduct is unwelcome because of the plaintiff's sex.)
The Court quickly disposed of the Employer's claim that "Reeves's co-workers used the terms 'bitch' and 'whore' to refer to both men and women and that, therefore, these terms cannot themselves be gender-specific" because they are gender-specific and because "[c]alling a man a 'bitch' belittles him precisely because it belittles women."
As an initial matter, employers should control their workplace so this type of conduct does not occur. But, more importantly, Reeves reveals the importance of taking complaints seriously. Indeed, Reeves complained to her branch manager on at least five separate occasions, the Director of Branch Operations, and the Vice President. The branch manager was no help and, in fact, too called women "bitches." The other two promised one-on-one meetings but cancelled. In short, the employer knew, or had reason to know, and did nothing. This allowed Reeves to state a viable hostile work environment claim.
As an initial matter, employers should control their workplace so this type of conduct does not occur. But, more importantly, Reeves reveals the importance of taking complaints seriously. Indeed, Reeves complained to her branch manager on at least five separate occasions, the Director of Branch Operations, and the Vice President. The branch manager was no help and, in fact, too called women "bitches." The other two promised one-on-one meetings but cancelled. In short, the employer knew, or had reason to know, and did nothing. This allowed Reeves to state a viable hostile work environment claim.
Message to employers: take complaints seriously and follow up to remedy the situation. Failing to do so is not only a bad business practice (as it allows hostile work environments to fester) but also exposes employers to liability.
Click here for a copy of the Court's opinion.
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