| A sexually derogatory e-mail concerning a female sales manager that was exchanged in the office was evidence of harassment, even though the e-mail was not sent to the female manager herself, the U.S. Court of Appeals for the Tenth Circuit ruled recently.
The company conceded the e-mail about the female employee was “vulgar and offensive,” but argued that is was “far from clear” that the comments resulted from sex bias. The company also contended that the e-mail was not evidence of discrimination or harassment because Ms. Segovia was never intended to see it.”
The appeals panel rejected the employer’s arguments. “We have never held, nor would we, that to be subjected to a hostile work environment the discriminatory conduct must be both directed at the victim and intended to be received by the victim,” the court said.
(EEOC v. PVNF LLC dba Big Valley Auto & Chuck Daggett Motors, 10th Cir., No. 06-2011, 5/14/07 – BNA 6/5/07). |
