Sunday, December 26, 2010
Male nurse who was a former stripper failed to make out claims that he was subjected to a sexually hostile work environment
Dreshman v Henry Clay Villa, ___F.Supp. 2d___( W.D. Pa. August 11, 2010), is an interesting case. Plaintiff, a male nurse who had previously been an exotic dancer, and who was discharged from his employment at a nursing home, was unable to proceed with his claims that he was subjected to a sexually hostile work environment because the conduct alleged was not sufficiently severe and pervasive. Although plaintiff was employed for approximately 10-1/2 years, he only identified a relatively small number of incidents of harassing conduct which occurred at a frequency that was sporadic, at best. The majority of the incidents happened years before he was terminated, and there were times when years passed between occurrences of alleged incidents. Moreover, his complaints to management were few and far between. Finally, while the touching incidents certainly invaded his personal space and were undoubtedly offensive, the court concluded that the four or five incidents, which occurred over a seven-year period and involved such a minimal touching of his person, could not be found to constitute actionable harassment.
Mitchell H. Rubinstein