It is a fundamental tenet of discrimination law that harassment is only actionable if it is motivated by discrimination. Simply working with a “jerk” or being offended by what a manager says is not enough for a viable lawsuit, nor will neutral, but offensive, statements excuse poor performance. This was emphasized in the recent decision of Dean v. Philadelphia Gas Works, No. 19-4266, 2021 U.S. Dist. LEXIS 120660 (June 28, 2021).

Allegedly Harassing Behavior

Joseph Dean, a white male, began working for PGW in the entry level position of field services helper in December 2017. The position of helper is, in essence, a one-year probation, after which the employee must earn a promotion to the position of field services cadet in order to remain employed. The promotion to cadet is based upon successfully completing “cadet school” as well as passing various tests during the year.