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	<title>Comments on: Judge Slams Lid on &#8220;Poopy&#8221; Hostile Work Environment Case</title>
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	<link>http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/</link>
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		<title>By: Mark Toth</title>
		<link>http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-1111</link>
		<dc:creator>Mark Toth</dc:creator>
		<pubDate>Tue, 29 Apr 2008 12:45:26 +0000</pubDate>
		<guid isPermaLink="false">http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/#comment-1111</guid>
		<description>Good questions.  As for the &quot;intolerable situation for everyone else&quot; question, one potential (but probably losing) argument would be that the plaintiff posed a &quot;direct threat&quot; to others in the workplace due to, e.g., noxious fumes.  The direct threat test is exceedingly high and likely wouldn&#039;t be met here.  (It requires an analysis of (1) the duration of the risk, (2) the nature and severity of the potential harm and (3) the likelihood/imminence of the potential harm.) As for the supervisor participation, HR Wench is right that it typically results in heightened potential liability under a discrimination/harassment cause of action.
Thanks for the participation!</description>
		<content:encoded><![CDATA[<p>Good questions.  As for the &#8220;intolerable situation for everyone else&#8221; question, one potential (but probably losing) argument would be that the plaintiff posed a &#8220;direct threat&#8221; to others in the workplace due to, e.g., noxious fumes.  The direct threat test is exceedingly high and likely wouldn&#8217;t be met here.  (It requires an analysis of (1) the duration of the risk, (2) the nature and severity of the potential harm and (3) the likelihood/imminence of the potential harm.) As for the supervisor participation, HR Wench is right that it typically results in heightened potential liability under a discrimination/harassment cause of action.<br />
Thanks for the participation!</p>
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		<title>By: Asking A Sincere Questions</title>
		<link>http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-1091</link>
		<dc:creator>Asking A Sincere Questions</dc:creator>
		<pubDate>Sat, 26 Apr 2008 21:21:10 +0000</pubDate>
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		<description>After reading the court decision, it doesn&#039;t sound like BeavEx is a place I&#039;d like to work.  Stealing a guy&#039;s cane?  That&#039;s a real laugh riot.

On the other hand...how far must tolerance for a medical condition go?  It&#039;s pretty hard to just ignore the fact that someone has just crapped his pants, and the smell can be nauseating, particularly if it is induced by medication. It reads to me like at least one of the incidents occurred outside of the bathroom.  When does that become an intolerable situation for everyone else?</description>
		<content:encoded><![CDATA[<p>After reading the court decision, it doesn&#8217;t sound like BeavEx is a place I&#8217;d like to work.  Stealing a guy&#8217;s cane?  That&#8217;s a real laugh riot.</p>
<p>On the other hand&#8230;how far must tolerance for a medical condition go?  It&#8217;s pretty hard to just ignore the fact that someone has just crapped his pants, and the smell can be nauseating, particularly if it is induced by medication. It reads to me like at least one of the incidents occurred outside of the bathroom.  When does that become an intolerable situation for everyone else?</p>
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		<title>By: HR Wench</title>
		<link>http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-962</link>
		<dc:creator>HR Wench</dc:creator>
		<pubDate>Tue, 22 Apr 2008 22:52:51 +0000</pubDate>
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		<description>I wonder if any supervisors or managers participated in the teasing.  If they did, might the verdict be different especially if the plaintiff had sued for discrimination in employment under the ADA?  Hmm.</description>
		<content:encoded><![CDATA[<p>I wonder if any supervisors or managers participated in the teasing.  If they did, might the verdict be different especially if the plaintiff had sued for discrimination in employment under the ADA?  Hmm.</p>
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		<title>By: Mark Toth</title>
		<link>http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-960</link>
		<dc:creator>Mark Toth</dc:creator>
		<pubDate>Tue, 22 Apr 2008 21:05:09 +0000</pubDate>
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		<description>Hello Stormy!
Thanks for taking the time to share your very insightful comments -- I really appreciate it!
I&#039;ve personally seen the devastating effects of exactly what you described in your last paragraph.  A woman in a case I handled long ago took her own life based in part (we believe) on &quot;teasing&quot; by her co-workers.  Really makes you think about the effects words and actions can have on another human being.
Thanks again for sharing,
Mark</description>
		<content:encoded><![CDATA[<p>Hello Stormy!<br />
Thanks for taking the time to share your very insightful comments &#8212; I really appreciate it!<br />
I&#8217;ve personally seen the devastating effects of exactly what you described in your last paragraph.  A woman in a case I handled long ago took her own life based in part (we believe) on &#8220;teasing&#8221; by her co-workers.  Really makes you think about the effects words and actions can have on another human being.<br />
Thanks again for sharing,<br />
Mark</p>
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		<title>By: Stormy</title>
		<link>http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/comment-page-1/#comment-957</link>
		<dc:creator>Stormy</dc:creator>
		<pubDate>Tue, 22 Apr 2008 14:27:13 +0000</pubDate>
		<guid isPermaLink="false">http://manpowerblogs.com/toth/2008/04/22/judge-slams-lid-on-poopy-hostile-work-environment-case/#comment-957</guid>
		<description>I don&#039;t think the court made the right decision here, for several reasons.  

First, The employee&#039;s problems were the result of a medical condition.  People with disabilities may have trouble controlling bodily functions; they don&#039;t need to be reminded it by the so-called comedians of their work environment.  It&#039;s NOT FUNNY to them. It&#039;s painful, embarrassing and if your co-workers aren&#039;t mature enough to understand and ignore it, it may make it impossible to stand the work environment, even if they aren&#039;t making their little jokes &quot;pervasively.&quot;  

Second, this decision seems to say that vicious teasing is okay if they don&#039;t do it all the time. The employee&#039;s ability to put up with what amounts to intermittant bullying and harrassment seems to outweigh, to the employer, any other abilities, skills or experience he may have.  Pity.

At the very least, I think the employer ought to look at this situation as a wake-up call:  making fun of a disability, no matter how &quot;yucky&quot; the occasional results of that disability might be, has no place in civilized society.   People have committed suicide over this kind of &quot;teasing.&quot;  Not all disabilities result in something as simple and clean as a wheelchair or a white cane.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t think the court made the right decision here, for several reasons.  </p>
<p>First, The employee&#8217;s problems were the result of a medical condition.  People with disabilities may have trouble controlling bodily functions; they don&#8217;t need to be reminded it by the so-called comedians of their work environment.  It&#8217;s NOT FUNNY to them. It&#8217;s painful, embarrassing and if your co-workers aren&#8217;t mature enough to understand and ignore it, it may make it impossible to stand the work environment, even if they aren&#8217;t making their little jokes &#8220;pervasively.&#8221;  </p>
<p>Second, this decision seems to say that vicious teasing is okay if they don&#8217;t do it all the time. The employee&#8217;s ability to put up with what amounts to intermittant bullying and harrassment seems to outweigh, to the employer, any other abilities, skills or experience he may have.  Pity.</p>
<p>At the very least, I think the employer ought to look at this situation as a wake-up call:  making fun of a disability, no matter how &#8220;yucky&#8221; the occasional results of that disability might be, has no place in civilized society.   People have committed suicide over this kind of &#8220;teasing.&#8221;  Not all disabilities result in something as simple and clean as a wheelchair or a white cane.</p>
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