Although the California appellate court wasn’t phased by any of the below language, if you are under 18, or likely to be offended don’t read this article because it contains very vulgar sexual language.
Seemingly because the male supervisor who engaged in atrocious sexual conduct was not gay, the California Court of Appeals ruled that the following conduct was not sexual harassment. The employee’s supervisor told him “Fucking quit using your goddamn fucking foot; bend the fuck over and pick the shit up. Pick that shit up, bitch.” When theemployee bent over, the supervisor told him he had a nice ass which he wanted to fuck, that his pants made his ass look good, he would look good in little girls’ clothes, and the supervisor would fuck the shit out of the employee’s ass. The supervisor said he would fuck the employee better than the supervisor fucked his old lady, he would make the employee his bitch, he would cum all over the employee’s ass, and would turn the employee out. When the employee got on his knees to tie rebar, he was told that is where he belonged, on his knees. Another employee got in the victim’s face and told the victim that he would make him suck the supervisor’s dick. The supervisor claimed this was a funny joke.The employee said he thought the supervisor was gay.
The supervisor acted like he would strike the employee and the employee began walking off the job. The employee was told that if he walked off the job he would be fired. Twenty to thirty minutes after these awful incidents, the employee told a safety manager and cried. Yes, this event would traumatize most people, but Justice Bruiniers reasoned not so in the ironworker/rebar tying/unionized business at Conco.
The supervisor apologized and shook hands with the employee. Nonetheless, two co-workers called the employee a bitch thereafter, and said they would jump the employee.
The employee moved to a different work site. On the new site, he was called a narc, faggot and snitch for complaining. He was also told he would be lucky if he didn’t get his ass kicked after work. A supervisor heard these comments but ignored them.
Strangely, the employee accepted a ride home from the original harasser. Personally, I have seen a few cases where the harassed accepted a ride from the harasser and the employer’s lawyer obsessed on this. So if you are being harassed, don’t be getting into any cars with the harasser!
In Kelley v. Conco the Appellate Court held that what happened was neither sexual harassment, nor the intentional infliction of emotional distress. Sadly, we must live in an utterly depraved society if this type of conduct is not considered outrageous and it doesn’t arouse the average community members as being outrageous. Alternatively, maybe this is what goes on in the appellate court all of the time so the justices are just numb to it. All that can really be said to defend this depraved judicial opinion is that the court was convinced this was not sexual behavior because there was not any evidence theharasser was gay, or had a sexual interest in any of the things he said or did.