Reeves v. C.H. Robinson Worldwide, Inc.
525 F.3d 1139 (11th Cir. 2008)
A former employee appealed an order granting summary judgment in favor of the former employer on the employee’s claim that being subjected to a daily exposure to language and radio programming that were particularly offensive to women but not targeted at her satisfied the "based on" and "severe or pervasive" elements of a 42 U.S.C.S. § 2000e-2(a)(1) hostile work environment claim. The alleged crude and "sex specific" language could satisfy the "based on" element in a sexual harassment hostile work environment case even if not directed at the employee. The subject matter of the conversations and jokes that allegedly permeated the office daily included sexual anatomy, masturbation, and female pornography, all of which was discussed in a manner that was more degrading to women than men. The radio programming was also alleged to be similar. For nearly three years, such language and programing was used in the employee's presence every day. Because the alleged conduct was never directed at her, the nature of the overall harassment could not be said to be as objectively severe as conduct previously deemed actionable, but viewing the work environment as a whole, it was abusive even though no single episode crossed Title VII's threshold. The employee presented evidence of sufficient pervasiveness to survive summary judgment, even if none of the incidents, standing alone, were actionable. Accordingly, only a jury could weigh the factors and decide if the harassment was such that a reasonable person would have felt that it affected the conditions of employment.