Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A male employee who endured an unrelenting barrage of verbal abuse — including being called sexually derogatory names, referred to as a female, and taunted for behaving like a woman — established the existence of a hostile work environment, held the 9th U.S. Circuit Court of Appeals. The employee was a restaurant server who was taunted by coworkers and a supervisor for carrying his serving tray “like a woman” and called a “faggot” and a “f***ing female whore.” The employee complained repeatedly, and the human resources director ultimately told him to report any further harassment to the general manager. The employee made no further complaints. A few months later, he was fired for unrelated reasons. He sued under Title VII and the Washington Law Against Discrimination. A district court entered judgment in favor of the employer, and the employee appealed. ( Nichols v Azteca Restaurant Enterprises, Inc., 9th Cir, 81 EPD 40,716) On appeal, the 9th Circuit held that the work environment was both subjectively and objectively hostile. Furthermore, the harassment was based on sex because it was prompted by a belief that the employee did not conform to a male stereotype. The employer failed to investigate the employee’s complaints, discuss the allegations with the perpetrators, demand that the conduct cease, or threaten more serious discipline; almost all of the remedial burden was placed on the victimized employee to report further harassment. For this reason, the court held the employer liable for the coworker harassment. As for the supervisor harassment, the employee had suffered no “tangible employment action.” However, while the harassment policy and company-wide training program were sufficient to show reasonable care to prevent harassment, the employer failed to exercise reasonable care to promptly correct the supervisor’s harassment of the employee. The employer was therefore unable to assert an affirmative defense and was held liable. The 9th Circuit agreed with the district court, however, that the employee had not been fired in retaliation for opposing the harassment. Accordingly, the judgment of the district court was affirmed in part, reversed in part, and remanded. � 2001, CCH INCORPORATED. All Rights Reserved.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.