• 15
  • January
    2012

Most employees and employers know that a hostile work environment can be grounds for a sexual harassment lawsuit. But what exactly constitutes a hostile work environment? The state Court of Appeals in California recently provided a ruling that has specific details to answer that question.

In the landmark case, an employee -- we'll refer to her as Shannon -- began working at an advertising agency as an assistant media planner in 1991. She rose steadily through the company's ranks, and when she resigned from the company in January 2005, she was the vice president.

Between 2000 and 2003, Shannon attended company holiday parties and a bachelorette party for a co-worker. Although she thought there was sexually offensive conduct at the parties, she never complained about it.

In 2004, an email between two executives at the company described Shannon's body parts in sexual terms and referred to her as "mindless." Although the email was not intended to be read by Shannon, it was forwarded to her. When Shannon read the email, she complained to her supervisor, even though the supervisor was neither the original sender nor intended recipient.

After the incident, Shannon started talking to other employees at the company to gain a better understanding of whether that executive had sexually harassed other employees. She heard anecdotal evidence that he referred to female clients in sexually derogatory terms on multiple occasions.

Shannon received a letter of apology from the company, and the male executive received a reprimanding letter from the company telling him to follow the company's sexual harassment policy.

After that, Shannon requested a "constructive discharge," which included a compensation package. Did the above incidents constitute sexual harassment or a hostile work environment? Read more in our next posts to learn how the jury reacted to Shannon's story.

Source: HR.BLR.com, "Sexual Harassment: What Conduct Creates a Hostile Work Environment?" Jan. 10, 2012