For years, courts have grappled with what type of conduct constitutes a hostile work environment. Most courts have consistently held that Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), does not create a workplace code of civility. A recent 11th U.S. Circuit Court of Appeals decision, however, has added a wrinkle to the way courts should interpret Title VII claims.
While the 11th Circuit is not the first court to find offensive language in the workplace to be actionable, the recent landmark decision and corresponding opinion in Reeves v. C.H. Robinson Worldwide Inc. can be read as a strongly worded warning to employers who allow or ignore gender slurs and inappropriate conduct. The en banc decision unanimously reverses a finding of summary judgment for the employer and holds that a plaintiff may bring a hostile work environment claim based on sex even when the discriminatory conduct and language is not specifically directed at the plaintiff.
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