tag:blogger.com,1999:blog-19360670.post225800471655289986..comments2024-03-25T03:20:57.659-04:00Comments on My Daily Struggles: Job Harassment and Sexual Double Entendres -- Evolving LawMy Daily Struggleshttp://www.blogger.com/profile/12785498459884222234noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-19360670.post-22143660884650115262011-07-16T09:11:06.974-04:002011-07-16T09:11:06.974-04:00Every court opinion I read emphasizes "contex...Every court opinion I read emphasizes "context" and "pattern of conduct" in assessing whether specific incidents in the workplace constitute acts prohibited under Title VII.<br /><br />In assessing job harassment it's probably <i>contrary to law</i> to look at individual incidents to determine the nature and severity of workplace behavior and language. <br /><br />I argued this very point (with supporting law) before the D.C. Department of Human Rights:<br /><br /><a href="http://dailstrug.blogspot.com/2010/02/akin-gump-my-side-of-story.html" rel="nofollow">http://dailstrug.blogspot.com/2010/02/akin-gump-my-side-of-story.html</a><br /><br />In the case of harassment based on a hostile work environment, the material issue is not the severity or effect of individual acts of harassment, but the pervasiveness of the harassment and the cumulative effect of hostile and intimidating behaviors. Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp. 1486 (M.D. Fla. 1991).<br /><br />"[A discrimination] analysis cannot carve the work environment into a series of discrete incidents and measure the harm adhering in each episode. Rather a holistic perspective is necessary, keeping in mind that each successive episode has its predecessors, that the impact of the separate incidents may accumulate, and that the work environment created thereby may exceed the sum of the individual episodes. 'A play cannot be understood on the basis of some of its scenes but only on its entire performance, and similarly, a discrimination analysis must concentrate not on individual incidents but on the overall scenario.' Andrews, 895 F.2d at 1484. It follows naturally from this proposition that the environment viewed as a whole may satisfy the legal definition of an abusive working environment although no single episode crosses the Title VII threshold." Robinson, 760 F. Supp. at 1524.<br /><br />Respondent’s failure to analyze the totality of the Complainant's hostile work environment, and Respondent’s concentration instead on the severity of individual incidents, was improper. Respondent asserts in the Response (R. 2) with respect to the meeting on October 24, 1991 between Complainant and Respondent's attorney managers: "When asked whether these or any of the incidents he mentioned had a direct impact on him or his employment with Respondent, Claimant [sic] answered that they did not." Respondent’s statement is itself an admission that Respondent's attorney managers failed to conduct an initial interview of Complainant appropriate to the standards of a hostile work environment analysis, and that Respondent's attorney managers improperly focused their attention on individual incidents rather than on the totality of the circumstances.My Daily Struggleshttps://www.blogger.com/profile/12785498459884222234noreply@blogger.comtag:blogger.com,1999:blog-19360670.post-9843646759475072952011-07-16T08:34:21.688-04:002011-07-16T08:34:21.688-04:00Out of all the people I sent this letter to, someb...Out of all the people I sent this letter to, somebody should have contacted the U.S. Attorney:<br /><br /><a href="http://dailstrug.blogspot.com/2010/04/psychosis-by-estoppel-my-strenuous.html" rel="nofollow">http://dailstrug.blogspot.com/2010/04/psychosis-by-estoppel-my-strenuous.html</a>My Daily Struggleshttps://www.blogger.com/profile/12785498459884222234noreply@blogger.comtag:blogger.com,1999:blog-19360670.post-40051190845208371522011-07-16T08:31:50.912-04:002011-07-16T08:31:50.912-04:00Psychosis by estoppel:
http://dailstrug.blogspot....Psychosis by estoppel:<br /><br /><a href="http://dailstrug.blogspot.com/2010/06/psychosis-by-estoppel-blogs.html" rel="nofollow">http://dailstrug.blogspot.com/2010/06/psychosis-by-estoppel-blogs.html</a>My Daily Struggleshttps://www.blogger.com/profile/12785498459884222234noreply@blogger.comtag:blogger.com,1999:blog-19360670.post-13020116482434800272011-07-16T07:28:56.218-04:002011-07-16T07:28:56.218-04:00Haha! DOJ -- the joke's on you. The federal ...Haha! DOJ -- the joke's on you. The federal government still has to pay me my money. Psychosis by estoppel!!<br /><br />As for the D.C. Govt -- my Medicaid benefits were just re-approved for the coming year. So you still have to pay out thousands!!My Daily Struggleshttps://www.blogger.com/profile/12785498459884222234noreply@blogger.com