Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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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

http://lawprofessors.typepad.com/adjunctprofs/2010/12/male-nurse-who-was-a-former-stripper-failed-to-make-out-claims-that-he-was-subjected-to-a-sexually-hostile-work-environment.html

Employment Discrimination | Permalink

Comments

I know this person personally. Many claims did not pass summary judgement becaiuse his attorney failed to put frequecnies of events.He only worked a few days a month for a number of years. When He went fulltime in Nov 07 hostile work environment happened everyday he worked with certain nurses to the point he seeked coping methods from a therapist.Management gave a new female nurse his fulltime daylight position and placed him back to casual.He threatened to file eeoc charges because of this issue and was suspended 2 days after his comment for 3 wks then called in and terminated.For bogus issues.

Posted by: Jay Stanwick | Jan 23, 2011 7:56:31 AM

In my deposition I stated when I worked more hours and took fulltime position,near the end of my employment, hostile work environment was almost daily. It was just very poor presentation on my attorneys part for summary judgement.Failing to mention the frequency.Special care should be taken finding a qualified attorney.

Posted by: Roy dreshman | Jan 23, 2011 10:21:29 AM

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