A Hostile Work Environment Can Include Boss' Habits

Law360, New York (January 4, 2008, 12:00 AM EST) -- As the Second Circuit’s decision in Patane v. Clark, 06-3446 (Nov. 28, 2007) reminds the district court, employers can no longer turn a blind eye to what an employee does alone “behind closed doors,” especially when that individual happens to be a supervisor and subordinates may be or are exposed to those acts in the workplace.

This caution is especially apt where a supervisor’s misconduct involves pornography, since the mere presence of pornography in the workplace may establish an objectively hostile environment, even when the employee...
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