[nmmoooreland20]

Usually don't like to get involved in these types of topics....but this is frightening.

http://jobs.aol.com/articles/2013/07/22/...m-lawsuit/

Quote:

If sexist comments are made in a workplace, but no woman is around to hear it, is it still discrimination? According to a landmark decision by the New Jersey Supreme Court, the answer is: yup.

Typically, under workplace discrimination law, it's the target of gross remarks who files a lawsuit. But United Parcel Service manager Michael Battaglia, 56, (pictured) was disturbed by the lewd remarks another male employee made about women, so complained, repeatedly. Battaglia also complained that managers were misusing corporate credit cards. He was subsequently demoted, and then sued for retaliation. On Wednesday, the court unanimously sided with Battaglia, and awarded him half a million dollars for economic damages. He could get even more. Damages for emotional distress are to be decided by a jury.

Battaglia says his boss, Wayne DeCraine, would make offensive sexual comments about female employees in all-male meetings, an allegation that DeCraine consistently denied. UPS also denied all wrong-doing. (The specific comments aren't disclosed in the suit.)

Battaglia, who's now been with UPS for 28 years, says he complained to DeCraine and other managers, but received no response. So he wrote an anonymous letter to the corporate office, complaining of that, as well as credit card abuse and other actions that he thought violated company policies. Soon after, Battaglia, who says he was a top performer in the district, was demoted for allegedly leaking information to another employee. He claims his superiors were trying to find a reason to demote him, and actually hired a private investigator to hack into his phone records, and find evidence he'd spoken to that worker.
More: County Administrator Wins $1.2 Million In Reverse Discrimination Case


Battaglia sued under the state's law that bans workplace discrimination based on things like gender, religion, and race. In 2009, a jury decided with Battaglia, and awarded him a million dollars -- half for economic damages, and half for emotional distress. The defendant appealed, and the next court had a much stricter idea of what discrimination meant.

"They said our client, who is a man, was not protected for discrimination under the law for complaining about disgusting, vile, sexual comments made against women in the workplace," explains his attorney Maureen Binetti, "because no woman heard them and no woman was actually discriminated against."

The case winded its way to the state supreme court. Through this time -- eight years in total -- Battaglia stayed working at his lower position at UPS, sometimes embarrassed at how far he'd fallen, and frustrated that his boss never received any discipline at all.

More: Fox Anchor Calls Out Sexism Of Male Colleagues


The Supreme Court ultimately granted Battaglia the more expansive interpretation of the law, and reaffirmed the $500,000 in economic damages, with damages for emotional distress to be decided by a jury.

"These were not the occasional words of a low-level employee having a bad day," Justice Helen Hoens wrote in a 55-page opinion, "but were the words of a supervisor, uttered in meetings with managerial employees, both repeatedly and routinely."

Battaglia is relieved that he's finally been vindicated. "It was eight long agonizing years. Eight long agonizing years," he says. "... They just thought I was a troublemaker. But the courts proved it. I wasn't a troublemaker. I was a solid UPS-er."

"I'm still proud to say I'm a UPS-er," he says.

[JoyStick]

I bet battaglia is a Jesus freak.

[bacon]

So now men have to be careful not too offend other men when talking about women? After reading this I am curious just how much further down the rabbit hole political correctness will go in America?

[Menace]

I hate how they don't provide links to the actual legal opinion. I'd be interested in knowing if the basis for the award was the retaliatory actions (i.e. demotion) or whether he could have been awarded damages simply on the basis of hearing the alleged "bad words."

[A War You Cannot Win]

Is he making comments because his targets are women, or because they are merely ineffectual at their job? If you can't fire or criticize someone's performance because they fall under a 'protected' group, well...

See ya, western civ

[Handsome Creepy Eel]

So now whistleblowing means "reporting anyone who says a bad thing about women"?

[Ensam]

My guess is that the company fucked itself by retaliating. The bar for sexual harassment is very high but if a company retaliates against someone they can get hammered even if no harassment took place.

[Menace]

(07-22-2013 10:30 AM)Ensam Wrote:  

My guess is that the company fucked itself by retaliating. The bar for sexual harassment is very high but if a company retaliates against someone they can get hammered even if no harassment took place.

That's my thinking as well. I just don't want guys to start thinking that just because someone said some shit about women, that means they can sue and get cash.

[placer]

I don't like this. Before I learned game, I blew off steam at my prominently male workforce by telling dirty jokes with other male employees out of earshot of any of the women there.

Looking back, it would have been better if I had known game and was getting pussy instead of telling naughty jokes with co-workers, but I do not think telling those jokes made me any less respectful towards the ladies at work.

[Private Man]

Wow, white knighting women in abstentia. He should get a white knight of the year award.

[mental]

So if I tell somebody's hurting a woman's feelings I can get enough money to buy 2 brand new most expensive Audis R8 or a Lamborghini Aventador and still have about 100k left? My god, what a fucked up country...

[kinjutsu]

Fucking snitch.