General Discussion
In reply to the discussion: As an aside I have three female employees who not only voted for Trump [View all]Eko
(10,176 posts)"Art and Music: Likewise, art or music that is seen as politically offensive, misogynistic, or sexually themed can lead to harassment liability. A U.S. Court of Appeals in Slayton v. Ohio Dep't of Youth Services, for instance, upheld a $125,000 damages award based in part on a coworker's playing "misogynistic rap music" and displaying "music videos depict[ing] an array of sexually provocative conduct." 52"
"In fact, speech can be punished as harassment even if it isn't overheard by anyone who is offended. Consider Schwapp v. Town of Avon, a Second Circuit case holding that "ten racially-hostile incidents of which [plaintiff] allegedly was aware during his 20-month tenure," of which only four occurred in his presence, were enough to create a potential harassment case. "The district court," the Circuit held, "erred in failing to consider the eight . . . incidents that did not occur in Schwapp's presence," including one "made prior to Schwapp's employment" and "two comments made during Schwapp's employment [but outside his presence] that were hostile toward minority groups of which Schwapp is not a member. . . . [T]he fact that a plaintiff learns second-hand of a racially derogatory comment or joke by a fellow employee or supervisor also can impact the work environment . . . ." 55"
http://www2.law.ucla.edu/volokh/harass/breadth.htm