Question: Try this on for gross. A female employee gains access to her boss’s e-mail account without permission and discovers a vulgar e-mail sent by a male co-worker to her male boss. The subject of the e-mail: her genitals.
So, does this create an illegal hostile work environment, even though the e-mail was not sent to the woman and she was never intended to read it? Yup, ruled the court.
“We have never held, nor would we, that to be subjected to a hostile work environment the discriminatory conduct must be both directed at the victim and intended to be received by the victim,” said the court. “The fact that (she) was not the intended recipient of the e-mail is of no consequence.”
Case in Point: Marla Segovia worked as a new-car sales manager at a