Military service laws do not protect reservists against harassment. Pilots alleged that airline management created a hostile work environment through "harassing, discriminatory, and degrading comments and conduct relating to and arising out of" their military service. "We decline to infer a cause of action for hostile work environment under USERRA." Carder v. Continental Airlines, #10-20105, 2011 U.S. App. Lexis 5847 (5th Cir.).
     Appellate court sustains the termination of a county employee who wore a ribbon to demonstrate her membership in the "I Hate Teena Club." Teena was a disliked coworker. The appellant also made threatening and intimidating comments to other coworkers and was known to be vindictive. Sindoni v. Co. of Tioga, #506921, 2009 NY Slip Op 08126, 67 A.D.3d 1183, 889 N.Y.S.2d 285, 2009 N.Y. App. Div. Lexis 7974 (3rd Dept.).
     Federal court in N.Y. concludes that two sheriff's investigators stated a valid equal protection claim that superiors spied on their families, subjected them to unusual scrutiny, denied them overtime, assigned unfavorable work assignments, attempted to have them disciplined and discharged, and filed false criminal charges against them. Deal v. Seneca County, #07-CV-6497, 2008 U.S. Dist. Lexis 37846 (W.D.N.Y.).
     Ninth Circuit affirms a jury's defense verdict in a harassment suit filed by the first woman selected as member of Portland's emergency response team. Reyna v. City of Portland, 05-36063, 2007 U.S. App. Lexis 6270, 102 FEP Cases (BNA) 1884 (9th Cir.).
     Fifth Circuit rejects the discrimination and retaliation claims raised by a black, female, former police lieutenant. A white officer twice threw wadded-up paper and repeatedly mocked her. After commenting negatively about the city's treatment of blacks, she made a remark that she would "take care of it" herself. A superior took her gun and placed her on paid administrative leave; she then retired. The appellate panel concluded that she failed to prove that the city created a hostile work environment that resulted in her constructive discharge, and that a reasonable employee in her position would not have felt compelled to resign or retire. McCoy v. City of Shreveport, 2007 U.S. App. Lexis 16582, 100 FEP Cases (BNA) 1812 (5th Cir.).
     Third Circuit reinstates a claim that the ex-mayor engaged in harassment, defamation and retaliation that deprived an employee of his job and damaged his reputation. Hill v. Borough of Kutztown, #05-1356, 2006 U.S. App. Lexis 18708 (3rd Cir. 2006). {N/R}
     Federal appeals court affirms a jury award of $76,000 in compensatory damages and $160,000 in punitive damages against an employer who failed to abate coworker harassment brought because, following implant procedure, the worker had a constant semi-erection. Arrieta-Colon v. Wal-Mart, #04-2614-15, 434 F.3d 75, 2006 U.S. App. Lexis 826; 17 AD Cases (BNA) 769 (1st Cir. 2006). {N/R}
     Troopers' union criticizes N.J. Attorney General's Office for not releasing a report clearing state police of allegations that a secret organization was formed to harass minority and women officers. The state has settled civil lawsuits filed by several troopers, paying them a combined total $650,000. Hopson v. State of N.J., #1:03-cv-05817 (D.N.J.). [2006 FP Jan]
     Concluding that "hazing is contrary to our core values of honor, courage and commitment," Navy policy now provides that hazing is prohibited and "will not be tolerated." Secretary of the Navy Instruction #1610.2A (July 2005). {N/R}
     The fact that a superior harangued a subordinate in a "mocking tone" was neither severe nor pervasive enough to create an objectively hostile or abusive working environment. Septimus v. Univ. of Houston, #03-20992, 2005 U.S. App. Lexis 1653, 95 FEP Cases (BNA) 129 (5th Cir. 2005). {N/R}
     Allegations by a disabled court employee, who claimed to have physical and mental impairments, that her superior "interrupted her, criticized her work, spoke to her in a rude and condescending way, yelled at her, got uncomfortably close to her, and behaved angrily toward her" created a triable issue as to whether the behavior created a hostile work environment; a summary judgment for the defendants was reversed. Carnes v. Superior Court of Placer County, #C045867, 126 Cal.App.4th 688, 23 Cal.Rptr.3d 915, 2005 Cal. App. Lexis 192 (3rd App. Dist. 2005). {N/R}
    Arbitrator sets aside the discipline of a state employee who used foul language to a coworker. Such conduct, though deplorable, did not rise to the level of harassment. N.Y. Dept. of Labor and Civil Serv. Empl. Assn., 118 LA (BNA) 1817, Case No. 03-DIS-048 (Gross, 2003). [2004 FP Apr]
     Two state capitol security officers fatally shot each other while on duty. Although the woman officer may have been the victim of a hostile work environment, Michigan's civil rights law requires the conduct to be sexual in nature, which this was not. Haynie v. Dept. of State Police, #120426, 2003 Mich. Lexis 1192, 91 FEP Cases (BNA) 1839 (Mich. 2003). {N/R}
     Pennsylvania appeals court affirms right of a woman police lieutenant to recover benefits for stress resulting from male harassment because of her promotions. The city had failed to seriously investigate her claims in a timely manner. Sloan v. City of Pittsburgh Police Dept., #1024 C.D. 2002 (Unpublished, Pa. Commw. 2003); prior decis. at 779 A.2d 598, 2001 Pa. Commw. Lexis 432 (2001). [2003 FP Jun]
     Jury awards $3,591,000 million to an Asian-American LAPD officer who allegedly suffered harassment and retaliation from his supervisors. Nagatoshi v. City of Los Angeles, Superior Ct. #BC260299, 41 (2004) G.E.R.R. (BNA) 383 (jury verdict 2003). [2003 FP Jun]
     Eight Circuit upholds the right of three deputies to sue the sheriff if they can prove he had threatened them with a loaded firearm in anger, but there is no federal liability if a jury decides it was only stupid horseplay. His repeated, sexually-suggestive touching of male officers was not sexual harassment, but his touching of a woman deputy's breast was actionable. Hawkins v. Holloway, #01-3336, 2003 U.S. App. Lexis 639 (8th Cir. 2003). [2003 FP Apr]
     Federal court rules that a jury reasonably could find that two white male employees who repeatedly asked a white female worker "How is your nigger doing?" -- on an almost daily basis for several months -- was sufficiently pervasive and severe to create an objectively hostile work environment. EEOC v. Quality, 2002 U.S. Dist. Lexis 1766, 88 FEP Cases (BNA) 99 (D. Minn. 2002). [N/R]
     Canada upgrades its federal employment sexual harassment policy to include rudeness, humiliation, degrading work assignments and other abuses. Policy also applies to non-employee contractual workers. “Policy on the Prevention and Resolution of Harassment in the Workplace,” Secretariat, Treas. Bd. of Canada (Eff. 6/1/2001), 39 (1915) G.E.R.R. (BNA) 671. [2001 FP 118-9]
     Federal appeals court rejects the claim that poor evaluations creates an intolerable hostile environment. "Repeatedly receiving poor evaluations would be unpleasant for anyone, but it does not rise to the level of such intolerable conditions that no reasonable person would remain on the job." Pipkins v. City of Temple Terrace, #01-11736, 2001 U.S. App. Lexis 21106 (Unpub. 11th Cir.). {N/R}
     Federal Court awards a NYPD officer $90,000 against her dept. and superiors, for failing to prevent retaliation after she reported a theft by her partner. White-Ruiz v. City of N.Y., 983 F.Supp. 365, 1997 U.S. Dist. Lexis 11390 and 1996 U.S. Dist. Lexis 15571 (S.D.N.Y); prior rulings at 1996 U.S. Dist. Lexis 15571; 1996 U.S. Dist. Lexis 18890; and 1996 U.S. Dist. Lexis 19346. [1998 FP 119-20]
     Arbitrator sustains termination of a corrections officer that repeated a racist joke over a prison audio system. Ohio and O.C.S.E.A. L-11, 35 (1744) G.E.R.R. (BNA) 1606 (Feldman, 1997). [1998 FP 38]
     Firefighter who won $1.3 million verdict against the City of Miami for enduring a hazing ritual, loses on appeal and at the Supreme Court. Hazing, though an assault, did not violate his federal civil rights. Skinner v. City of Miami, 1997 U.S. Lexis 2221; also see 62 F.3d 344 (11th Cir. 1995). [1997 FP 68-9]
     City pays $520,000 to a black firefighter who was confronted by his supervisor while dressed as a Klansman. Harris v. City of Detroit, Wayne Co. #93-313798-NO, 38 (10) ATLA Law Rep. 374 (Mich.Cir.Ct. 1995). [1996 FP 24]
     Black female deputy sheriff raised a triable claim that sheriff's dept. promoted a racially hostile environment by discriminatory treatment of black inmates. Anthony v. Co. of Sacramento, 898 F.Supp. 1435, 68 FEP Cases 1837 (E.D.Cal. 1995). {N/R}
     Derogatory references to a woman police officer appearing in a satirical column of a police association newsletter were infrequent and were not especially offensive so as to create a hostile work environment under Title VII. DeAngelis v. El Paso M.P.O.A., 51 F.3d 591 (5th Cir. 1995); cert. den. 116 S.Ct. [1995 FP 156]
     56 year old employee recovers $400,000 against his employer because his supervisor called him an "old fart". Breiner v. DAKA, #CA-14646-92, 1995 FEP Summary (BNA) 29 (D.C.Super. 1995). [1995 FP 86]
     On 10/11/94 EEOC withdrew its proposed regulation on "Harassment based on Race, Color, Religion, Gender, National Origin, Age or Disability." See 59 FR 51396. Text of proposed reg. is at 94 FP 32 and FEP Manual (BNA) 403:526-8 (1993). [1995 FP 23]
     Maine Supreme Court holds that sexually explicit conversation can constitute unlawful harassment, if uttered because of a coworker's religion or religious beliefs. Finnemore v. Bangor H.E.C., 645 A.2d 15, 65 FEP Cases 1226 (Me. 1994). [1995 FP 5]
     EEOC proposed rules relating to workplace harassment and employer liability (full text). 29 C.F.R. 1609; FR Doc. 93-23869; 58 (189) Fed. Reg. 51266-69 (l0/1/93); FEP Manual (BNA) 403:526-8. [1994 FP 32]