The study that Cynthia posted about last week indicates the harmful effects of sexist remarks on women who are “bystanders” when those comments are made. This post concerns legal options that may exist for women who are the indirect targets of sexist comments and behavior in the workplace.
In January, the U.S. 11th Circuit Court of Appeals ruled that women who work in a place where gender-derogatory words and conduct are used have grounds for asserting that their work environment is hostile, even when the behavior at issue is not directed specifically at them.
In the case before the court, a female employee working in a male-dominated field was subjected to her coworkers blasting sexually explicit radio shows in shared workspaces, displaying pictures of naked women on computers, and using derogatory terms to refer to women generally. Even though the coworkers never directly insulted or threatened the plaintiff (at least not in her presence), the Court held that their actions created an objectively hostile work environment for any woman.
The 11th Circuit is not alone; many circuit courts now have held that a hostile work environment may be created even when a woman is not individually targeted by sexist remarks and behavior. If you are exploring with your company’s management team how to stop sexist remarks in the workplace, you might share these legal precedents. Because as this case shows, it is in a company’s best interest to put into place policies and training that prevent sexist remarks.
Steve
