Female Employee Who Made Sexual Jokes At Work Lacks Title VII Harassment Claim

July 27, 2011 – In The News
Daily Labor Report

Catherine Barbieri achieved a win for her client M&Q Packaging Corp. after a former employee failed to establish evidence that her male co-workers and supervisors allegedly harassed her.

Shannon Mandel, a former inside sales coordinator for plastic packaging producer M&Q Packaging Corp., cannot proceed with a sexual harassment claim under Title VII of the 1964 Civil Rights Act, after failing to show that alleged harassment by male employees subjectively offended her.

Mandel, who participated in sexual jokes and sent e-mails containing sexual humor, alleged that her male co-workers and supervisors sexually degraded her with name calling and inappropriate sexual inquiries.

The court's decision stated, "The use of sexual humor does not on its own demonstrate that Mandel is incapable of being offended by degrading comments, but when combined with a lack of evidence of any subjective distress, a reasonable jury could not find that Mandel has proven that the harassment had a detrimental effect on her.”