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Riot Being Sued For Gender Discrimination


SimpleG

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Some of you really need to study up on the concept of hostile workplace protections. 

 

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"Hostile work environment" harassment under California's Fair Employment and Housing Act consists of inappropriate behavior in the workplace that is either severe or pervasive enough to create an abusive work atmosphere for one or more employees.

https://www.shouselaw.com/employment/hostile-work-environment.html

 

That "or" is critical here. No individual instance needs to be particularly egregious if there's a LOT of instances that she's complaining about. 

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@Jason


With Riot, we already know it's going to be an "and" with all the dirt there.

I was curious, so I looked through the footnotes for what is considered pervasive.  Its further defined as not occasional, isolated, sporadic, or trivial conduct.  That's clarified by the higher court:
 

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To warrant legal action, an objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so. The law doesn’t consider “ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing” actionable harassment. See Faragher v. City of Boca Raton, 524 U.S. 775, 788 (1998)

http://pettitkohn.com/wp-content/uploads/2014/11/FTD-Exploring_Severe_Pervasive_Req_Harassment_Claims.pdf


Seems like reasonable criteria to me.  Not every off-hand comment deserves a lawsuit, and context must be considered to determine if the work environment is truly hostile.  More about Cali specific cases in that link as well.

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7 hours ago, Duderino said:

Well this is a lawsuit case, meaning no claim should be above scrutiny on the road to a potential settlement.

I guess it wasn’t clear to me that we were discussing the finer details of this case and holding them up like that. 

 

If that’s actually what is happening, have fun with that and I’ll see myself out. 

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