Staffers said it was teasing — but worker claimed harassment: Which was it?
Employees poke fun at each other all the time. But when does teasing become something more serious — and when should someone step in and take action?
Homosexual slurs — and worse
Max Taylor worked as a floorhand on an oil rig under supervisors Joe Mason and Jaime Mendez.
Taylor claimed that several times a day, Mason called him a bevy of homosexual slurs, including “queer,” “homo,” and “gay porn star.” When Taylor told Mason that he had a girlfriend, Mason called him a “p—y.”
On another occasion, Mason posted a photograph in the employees’ restroom of Taylor with a big target around his mouth with the phrase “Give me the money shot.” Taylor took it to indicate an act of oral sex. Taylor complained to Mason, who soon after said in a company meeting, ”[W]hoever posted the picture of [Taylor], you guys quit f—–g around with him because it is going to hurt his gay porn career.”
He peed on him?
Mason wasn’t the only employee harassing Taylor — Jaime Mendez allegedly did as well. According to Taylor, Mendez:
- urinated on him
- spanked Taylor “all the time,” and
- arouse himself to get an erection and then asked Taylor to sit on his lap.
After three months of harassment, Taylor complained to HR, which investigated the complaint and fired Mason. Mendez, who remained with the company, stopped his harassment.
Three months after that, Taylor was fired for attendance issues. He responded by filing a lawsuit, claiming sexual harassment and retaliation.
‘But it wasn’t sexual’
A district court ruled in favor of Taylor, awarding him $160,000. The company appealed, claiming that Taylor didn’t have a case. After all, the firm claimed, the men weren’t trying to hit on Taylor or engage in any sexual activity with him, so how could it be sexual harassment?
It’s not that simple, said the court, which added that sexual harassment doesn’t need to be motivated by sexual desire.
In fact, any time sex is used as a weapon to create a hostile work environment — as the appeals court said was the case here — that can qualify as sexual harassment.
Now the case is off to trial.
Training is key
Christopher W. Olmsted, writing for Barker Olmsted & Barnier, had the following takeaway for HR:
In this case, apparently the employee complained after three months of mistreatment. Why did he wait so long? When he did complain, HR stepped in and the conduct stopped. All employees should be trained to understand the definition of sexual harassment and to immediately report any misconduct.
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