Sid Steinberg of FisherBroyles Offensive Statements Are Not Always Discriminatory
It is a fundamental tenet of discrimination law that harassment is only actionable if it is motivated by discrimination.
July 06, 2021 at 01:51 PM
6 minute read
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).
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