Thursday, January 21, 2010

Talk About A Hostile Work Environment!


The 11th Circuit wades into Carlin's seven dirty words and more in this hostile work environment opinion out of the ND AL.

Oy it's way too rich for a family legal blog but I'll let Judge Marcus explain it:
We recite the profane language that allegedly permeated this workplace exactly as it was spoken in order to present and properly examine the social context in which it arose. We do not explicate this vulgar language lightly, but only because its full consideration is essential to measure whether these words and this conduct could be read as having created “an environment that a reasonable person would find hostile or abusive.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81 (1998) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993)).
That's probably the only quotable part of the opinion.

Congrats btw to new 11th Circuit Judge Beverly Baldwin Martin, former US Attorney for the Middle District of Georgia, who was confirmed yesterday 97-0 -- just like the health care bill.

10 comments:

  1. What a fucking pussy this guy is running this shit-for-brains blog.

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  2. Seriously, the order is helpful...but could have been parsed down to the relevant cursing.

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  3. If you found this article the least bit interesting, read "Fuck: Word Taboo and Protecting our First Amendment Liberties" by Christopher Fairman. Good book. Short too... only took me three cigars to get through it.

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  4. Pretty salty language in that opinion. Gotta go wash up after reading it.

    I hope the female plaintiff at that company forwarded a copy to all of the wives and girlfriends of her co-workers so they could see whtat their guys were really like.

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  5. SFL, did you notice that for a summary judgment the court construed the facts in the light most favorable to the non-movant?

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  6. Shit! That is FUCKED UP!!!

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