Comments on: Judge Slams Lid on “Poopy” Hostile Work Environment Case http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/ Fri, 10 Feb 2012 21:31:32 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Mark Toth http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-1111 Mark Toth Tue, 29 Apr 2008 12:45:26 +0000 http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/#comment-1111 Good questions. As for the "intolerable situation for everyone else" question, one potential (but probably losing) argument would be that the plaintiff posed a "direct threat" to others in the workplace due to, e.g., noxious fumes. The direct threat test is exceedingly high and likely wouldn't be met here. (It requires an analysis of (1) the duration of the risk, (2) the nature and severity of the potential harm and (3) the likelihood/imminence of the potential harm.) As for the supervisor participation, HR Wench is right that it typically results in heightened potential liability under a discrimination/harassment cause of action. Thanks for the participation! Good questions. As for the “intolerable situation for everyone else” question, one potential (but probably losing) argument would be that the plaintiff posed a “direct threat” to others in the workplace due to, e.g., noxious fumes. The direct threat test is exceedingly high and likely wouldn’t be met here. (It requires an analysis of (1) the duration of the risk, (2) the nature and severity of the potential harm and (3) the likelihood/imminence of the potential harm.) As for the supervisor participation, HR Wench is right that it typically results in heightened potential liability under a discrimination/harassment cause of action.
Thanks for the participation!

]]> By: Asking A Sincere Questions http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-1091 Asking A Sincere Questions Sat, 26 Apr 2008 21:21:10 +0000 http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/#comment-1091 After reading the court decision, it doesn't sound like BeavEx is a place I'd like to work. Stealing a guy's cane? That's a real laugh riot. On the other hand...how far must tolerance for a medical condition go? It's pretty hard to just ignore the fact that someone has just crapped his pants, and the smell can be nauseating, particularly if it is induced by medication. It reads to me like at least one of the incidents occurred outside of the bathroom. When does that become an intolerable situation for everyone else? After reading the court decision, it doesn’t sound like BeavEx is a place I’d like to work. Stealing a guy’s cane? That’s a real laugh riot.

On the other hand…how far must tolerance for a medical condition go? It’s pretty hard to just ignore the fact that someone has just crapped his pants, and the smell can be nauseating, particularly if it is induced by medication. It reads to me like at least one of the incidents occurred outside of the bathroom. When does that become an intolerable situation for everyone else?

]]> By: HR Wench http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-962 HR Wench Tue, 22 Apr 2008 22:52:51 +0000 http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/#comment-962 I wonder if any supervisors or managers participated in the teasing. If they did, might the verdict be different especially if the plaintiff had sued for discrimination in employment under the ADA? Hmm. I wonder if any supervisors or managers participated in the teasing. If they did, might the verdict be different especially if the plaintiff had sued for discrimination in employment under the ADA? Hmm.

]]> By: Mark Toth http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-960 Mark Toth Tue, 22 Apr 2008 21:05:09 +0000 http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/#comment-960 Hello Stormy! Thanks for taking the time to share your very insightful comments -- I really appreciate it! I've personally seen the devastating effects of exactly what you described in your last paragraph. A woman in a case I handled long ago took her own life based in part (we believe) on "teasing" by her co-workers. Really makes you think about the effects words and actions can have on another human being. Thanks again for sharing, Mark Hello Stormy!
Thanks for taking the time to share your very insightful comments — I really appreciate it!
I’ve personally seen the devastating effects of exactly what you described in your last paragraph. A woman in a case I handled long ago took her own life based in part (we believe) on “teasing” by her co-workers. Really makes you think about the effects words and actions can have on another human being.
Thanks again for sharing,
Mark

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