Male Employee Slays Man Gene, Wins Sex Harassment Case

At times, I have surmised that one reason women are usually the victims of sexual harassment is that most men can’t resist the power of The Man Gene. A recent case demonstrates that some men can defeat The Man Gene and even be the victims of sex harassment. In EEOC v. Prospect Airport Services, Inc., a male employee filed a harassment claim against his employer and a female co-worker.  

The male employee was recently widowed and newly hired. Almost immediately, a female co-worker who was separated from her husband began making sexual overtures. Her first note said she was “turned on.”  Her second said she was serious and wanted a chance with him. She then gave him a picture of her head and shoulders with her bare breasts pressed together to emphasize her cleavage. A third note informed him of dreams of the two of them in the bathtub.

The male rejected her every overture. He complained to his superiors who did nothing. The male employee became emotionally distressed, had trouble focusing on his job, and sought help from a psychologist. Finally, he went to the EEOC, which agreed to filed suit on his behalf.

A federal district court dismissed the case, finding that most men in the male employee’s situation would welcome such conduct from a female, apparently believing, without saying, that The Man Gene rules the male universe with an iron fist.The Ninth Circuit Court of Appeals reversed, finding the male employee had been subjected to verbal conduct of a sexual nature, the conduct was unwelcome, and was pervasive enough to create a hostile working environment. The Ninth Circuit said the lower court had used an inappropriate stereotype in deciding the case and said the employer had done nothing to prevent and correct the harassment.

Employers must take all sex harassment claims seriously. Investigate and correct. And don’t think The Man Gene is invincible.