正文
工作场所的亵渎（不雅）语言是否合法
工作场所的亵渎（不雅）语言是否合法
In Determining If Profanity Is Legal, There's No Test to Swear By
文章来源: 华盛顿邮报 6/7/2009
" . . . The U.S. Court of Appeals for the 9th Circuit blew a sizeable hole in the "equal opportunity harasser" defense a few years ago when it rendered its opinion in EEOC v. National Education Association.
Thomas Harvey, a senior employee of the NEA, had a nasty habit of yelling disrespectfully at his primarily female employees and using profanity. He also was physically threatening, shouting and shaking his fist in people's faces and grabbing them by the shoulders.
But he never used sexually inappropriate language. He did not use gender-specific terminology, he did not engage in lewd conduct, nor did he do or say anything else to suggest that his hostility was based on sexual desire or discrimination. Because of this, a lower federal court in Alaska dismissed the case.
Thomas Harvey, a senior employee of the NEA, had a nasty habit of yelling disrespectfully at his primarily female employees and using profanity. He also was physically threatening, shouting and shaking his fist in people's faces and grabbing them by the shoulders.
But he never used sexually inappropriate language. He did not use gender-specific terminology, he did not engage in lewd conduct, nor did he do or say anything else to suggest that his hostility was based on sexual desire or discrimination. Because of this, a lower federal court in Alaska dismissed the case.
The 9th Circuit reversed that decision, holding that Harvey's employees did not need to show that he was treating them so poorly because of their sex. Even though Harvey was arguably an "equal opportunity harasser," his conduct was still potentially illegal because it hurt women more than men, the court said.
It does not look as if other jurisdictions are lining up to adopt the 9th Circuit's more expansive view of what constitutes an illegally hostile work environment. Nevertheless, the story of Harvey teaches a crucial lesson about the importance of swiftly addressing abusive workplace conduct . . . "
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URL: http://www.washingtonpost.com/wp-dyn/content/article/2009/06/06/AR2009060600616.html?sub=AR
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