Screaming at Women is Sexual Harassment 12-07-2005
- By Rita Risser, attorney at law

Perhaps you've had the experience of working with a "screamer" - the supervisor who yells at men and women about their work and generally makes life miserable for everyone in the office.

We've always said that an "equal opportunity harasser" cannot be guilty of sexual harassment if he yells at men and women equally. But the Ninth Circuit Court of Appeals recently said that equal opportunity harassers could be sued for sexual harassment where the screaming affected women employees more than men.

The supervisor in this case was accused of repeated and severe instances of shouting, screaming, foul language, invading employees' personal space (including one instance of grabbing a female employee from behind), and threatening physical gestures, all apparently following little or no provocation. However, the behavior was not, on its face, sex- or gender-related. No one testified that he made sexual overtures or lewd comments, that he referred to women employees in gender-specific terms, or that he imposed gender-specific requirements upon women employees.

The court found that on at least one occasion, the supervisor also screamed at a man. But the court said this man did not have the same severity of reactions as the women, whose reactions included crying, feeling panicked and physically threatened, avoiding contact with the supervisor, avoiding submitting overtime hours for fear of angering the supervisor, calling the police, and ultimately resigning.

Based on the different treatment and the different reactions, the court allowed the women to sue for harassment.

What this means to you: Abusive supervisors are not only bad for morale and lead to higher turnover, they may also subject companies to suits for harassment. Such supervisors should be warned, given opportunity to improve through training, offered counseling, and ultimately terminated if they don't treat employees with respect.

All supervisors should know your company's commitment to treat all employees with respect. Our Respectful Workplace program helps you demonstrate that commitment.

Christopher v. National Education Association Alaska

 

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.