CourtCases2010

Since the majority has concluded otherwise i must

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Unformatted text preview: n inference that there was general hostility toward men in the workplace. Finally, Vickers included no information regarding how women were treated in comparison to men at FMC. In fact, defendants-appellees maintain that Vickers worked in an all-male workforce, an assertion that Vickers has apparently not disputed. The Sixth Circuit has previously rejected hostile work environment claims brought by plaintiffs in very similar factual scenarios in one published and two unpublished cases. See EEOC v. Harbert-Yeargin, Inc., 266 F.3d 498, 519-23 (6th Cir.2001) (hostile work environment claim rejected where plaintiff experienced frequent inappropriate touching because though harassment was sexual in nature, it could not be said to be "because of ... sex" as required by Title VII); King, 68 Fed.Appx. at 664 (rejecting hostile work environment claim where plaintiff was subject to verbal and physical abuse insinuating that plaintiff was a homosexual because his claim did not fit into the three examples given in Oncale of same sex harassment); Dillon v. Frank, No. 90-2290, 1992 WL 5436, at * 7 (6th Cir. Jan. 15, 1992) (rejecting plaintiff's claim where plaintiff suffered severe verbal harassment and physical assault based on co-workers' belief that plaintiff was a homosexual, because the plaintiff failed to allege that "harassment was directed at [him] for a statutorily impermissible reason"). Other circuits have also failed to recognize 156 hostile work environment claims in similar factual situations because the plaintiff could not show that the harassment occurred because of sex. See e.g., Bibby, 260 F.3d at 264 (hostile work environment claim fails where plaintiff was subjected to vulgar statements regarding his sexual orientation and practices accompanied by physical assault and graffiti because the plaintiff "[h]is claim *766 was, pure and simple, that he was discriminated against because of his sexual orientation."); Spearman v. Ford Motor Co., 231 F.3d 1080, 1085 (7th Cir.2000) (male employee who endured threatening and hostile statements, taunting, and g...
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