Misogyny alone may not support distress lawsuit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Misogyny alone may not support distress lawsuit

Get PDF file

by on
in Discrimination and Harassment,Human Resources

Pennsylvania courts are willing to let workers recover damages resulting from intentional infliction of emotional distress. However, the conduct must be “extreme and outrageous.”

Recent case: Kim worked for an auto dealership. Her supervisor often made crude comments about women and sex. He called women “crazy” and “bitch,” used vulgar curse words and generally offended everyone.

Kim eventually quit and sued, alleging that she had been emotionally traumatized by his conduct. She said it amounted to intentional infliction of emotional distress.

The court dismissed her lawsuit. It concluded that, while employees can pursue such claims, Kim had not proven that the supervisor—whom the judge called a “misogynist bully”—had met the standard of “extreme and outrageous” behavior. (Rorke v. Aubrey Alexander Toyota, No. 4:16 CV-0219, MD PA, 2016)

Leave a Comment

Previous post:

Next post: