Is it necessarily discriminatory to ask a female subordinate to perform tasks such as serving coffee? A Pennsylvania U.S. District Court judge says no.
Tamara Klopfenstein was fired from her job as a receptionist and data entry clerk after she refused to get coffee for the men in the office. Judge Berle M. Schiller denied her Title VII sexual harassment claim, saying there's nothing inherhently sexist about requiring workers to serve coffee, even if that task usually falls to women.
"The act of getting coffee is not, by itself, a gender-specific act," Schiller wrote. "...In the context of other indicators of sexism, getting coffee could evince a discriminatory intent. However, the record is barren of any such supporting evidence in this case."
So, old-school bosses, keep asking for that coffee. But invite your "girl" to take dictation from your lap at your own risk.
Showing posts with label Title VII. Show all posts
Showing posts with label Title VII. Show all posts
Wednesday, June 11, 2008
Tuesday, January 22, 2008
8th Circuit creates split on religious accommodation
Reasonable accommodation of an employee’s religious practices need not eliminate a conflict in the workplace, the 8th U.S. Circuit Court ruled last week. The decision creates a split in the circuits on the issue.
In Sturgill v. United Parcel Service, Inc., the 8th Circuit affirmed in part and reversed in part a District Court jury’s finding that UPS violated Title VII by failing to reasonable accommodate the preferences of a Seventh Day Adventist not to work after sundown. Sturgill was fired after he walked off the job leaving packages undelivered when the company said it could not find someone else to take over his route when the sun went down.
The court affirmed Sturgill’s award of compensatory damages, reinstatement, front pay, attorney fees and costs, but reversed an award of punitive damages and “overly broad injunctive relief” directing the company to accommodate his observation of the Sabbath in the future.
The court indicated that the employee also has an obligation to accommodate: “a reasonable jury may find in many circumstances that the employee must either compromise a religious observance or practice, or accept a less desirable job or less favorable working conditions.”
In Sturgill v. United Parcel Service, Inc., the 8th Circuit affirmed in part and reversed in part a District Court jury’s finding that UPS violated Title VII by failing to reasonable accommodate the preferences of a Seventh Day Adventist not to work after sundown. Sturgill was fired after he walked off the job leaving packages undelivered when the company said it could not find someone else to take over his route when the sun went down.
The court affirmed Sturgill’s award of compensatory damages, reinstatement, front pay, attorney fees and costs, but reversed an award of punitive damages and “overly broad injunctive relief” directing the company to accommodate his observation of the Sabbath in the future.
The court indicated that the employee also has an obligation to accommodate: “a reasonable jury may find in many circumstances that the employee must either compromise a religious observance or practice, or accept a less desirable job or less favorable working conditions.”
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