Pornographic Videos in the Workplace Create a Hostile Environment
 
March 5, 2008
 
Guy Farmer - Jacksonville

According to a female secretary at Fordham University, her supervisor received hardcore pornographic videos at work and watched them for “one or two” hours every day on his office television. Although the secretary never viewed the tapes, as part of her job duties she unwrapped the videos and delivered them to her boss, who then left the videos scattered about his office. The supervisor also used the secretary’s office computer to view pornographic Web sites.

The secretary complained to Fordham’s Equal Employment Director, but the university took no action to deal with the supervisor’s conduct. In the meantime, the secretary had virtually all of her secretarial functions taken away.

The U.S. District Court for the Southern District of New York dismissed the claim. On appeal, the Second Circuit Court of Appeals reversed the lower court and ruled that the fact that the supervisor viewed pornographic videos at work both in his private office and on his secretary’s computer was sufficient to raise a viable hostile environment claim.
Additionally, the Court ruled that the secretary’s claim of diminution of job duties supported a retaliation claim because it could well dissuade a reasonable employee from making a complaint and thus met the standard for a “material adverse action” under the Supreme Court’s 2007 decision in Burlington Northern v. White.

This case emphasizes the necessity for an employer to thoroughly and promptly investigate all employee complaints of sexual harassment and then take prompt, effective remedial action. Allegations involving pornography are particularly dangerous. Failing to immediately resolve such complaints invites litigation and a substantial adverse judgment.

For more information, email Guy O. Farmer II at guy.farmer@hklaw.com or call toll free, 1.888.688.8500.