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Vulgar Language

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Workplace Vulgar Language as a form of Sexual Harassment
ETH 321/Ethical and Legal Topics in Business
Lisa Pollock
Valentine Castillo
September 14, 2015 Workplace Vulgar Language as a form of Sexual Harassment
The possible defenses in the case could be that the words that were being used in C.H. Robinson which were considered vulgar were just non-specified gender words which are general vulgarities words commonly used in various workplaces. One can speak swear words like s…t and f…k which are not unlawful. The words can also be used while cracking jokes and not specified for a given gender. Defense may also argue that the words were being used even before Reeves was employed in the company hence they are common terms used in the company. The company can also defend the use of the terms/words by indicating that it was not gender specific since the terms can be used to refer to any gender in local languages.
However, the court ruling was based on gender specificity of the words used such as b…ch, c..t and w…re. The words and conducts of the speakers were directed towards the female gender which created a hostile and abusive workplace environment for a reasonable person. According to Oppenheimer (2014), the verbal conducts that creates hostile environment at the workplace have been prohibited by the Supreme Court through interpretation of the Title VII of Civil Rights Act of 1964. When the conduct or the acts of an individual in the workplace is adequately pervasive and severe to an extent that can alter the employment condition of a plaintiff hence creating workplace environment that the said plaintiff reasonably consider as abusive and; when a reasonable person in the position of the said plaintiff would consider such conduct, phrase or word as sufficiently severe and pervasive to an extent of altering his/her employment hence creating abusive workplace

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