Thursday, April 20, 2006

Defeating The "Eggshell" Plaintiff

In a recent California Supreme Court decision, the Court upheld a lower court's ruling dismissing a claim by a female staff member of the television show Friends, because of an alleged sexual harassment.

For those vaguely unfamiliar with the law, actionable sexual harassment generally takes two forms: (1) quid pro quo (literally, this for that) harassment (i.e., "if you sleep with me, I'll give you a promotion); or (2) hostile work environment harassment (the activity creates, as the standard suggests, a hostile work environment, that an employee should not be forced to endure).

The law is rife with examples of individuals who sue their employers because they claim to have been offended by a stray comment or two. Make no mistake, there are cases where lawsuits are genuinely justified. But as a clerk, you see more than your fair share of crap. This case appears to be one such case. This is a victory against the proverbial eggshell plaintiff, whose frail sensibilities prevent us from enjoying a good joke at the workplace.


At 4:50 PM, Blogger Jabawacefti said...

Note Footnote 2.

At 6:15 PM, Blogger codemorse said...

Ft note 2 is priceless.

My favorite portion:

Also during the writers’ meetings, Malins constantly spoke of his oral sex experiences and told the group that when he and his wife fought, he would “get naked” and then they would never finish the argument. Malins had a “coloring book” depicting female cheerleaders with their legs spread open; he would draw breasts and vaginas on the cheerleaders during the writers’ meetings.

I'd have sued him for being 4 years old, myself. Malins, you're an "interesting" individual. Guess that's why you get the big bucks.

At 6:35 PM, Blogger Jabawacefti said...

I forwarded this to some friends at the firm, and their response seemed indicative: "I knew they weren't funny."

And frankly, it is the most credible issue regarding the plaintiff's case: The humor is so bad, that it doesn't come off as humor at all. It comes off as moronic. And offensive.


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