Harassed by email

[IRiSHMaFIA]

A WOMAN who quit her job after colleagues sent her a smutty email is set to take her case for sex discrimination to the highest court in the land.

If she wins, it could mean all office emails will be subject to strict equality laws.

Emma Spencer, 30, resigned from her job as a trainee recruitment consultant after an email including graphic photographs of women were circulated at the office where she worked.

She said: “It was made worse because the email was also sent to men in the office.

“They thought it was a great lads’ joke and I felt that they were laughing at the expense of me and the other women.

“To my mind this was a clear case of sex discrimination.

“I never wanted to be a campaigner, but now want to stop the same thing happening to others. I am standing-up for myself and all decent women.”

An employment tribunal rejected her claim of sex discrimination, ruling she had not been treated less favourably than male colleagues – because the message had been circulated to both men and women.

Emma appealed and is now awaiting the outcome of a Liverpool hearing. If she loses, the case could end up in the House of Lords.

She had been working for Prime Time Recruitment near her home in Warrington, Cheshire, for just seven weeks when branch manager Peter Talbot sent the email.

She quit a week later in June 2004, before lodging her claim for sex discrimination.

She said: “The office environment was very laddish and testosterone-fuelled. They were never threatening but they made me feel on edge because of the way they viewed women as sexual objects.

“They constantly made comments about women’s breasts and clothes, and made it clear I was being used as ‘bait’ to attract customers to the business. I was expected to go round and spend time with customers for no apparent reason.”

She added: “Whenever a woman walked past the window the men would say things like ‘Look at the t**s on that!’ It is not something that any women should have to endure.”

When she received the lewd email she was so shocked she did not know how to react. “I felt uncomfortable after that and kept myself to myself,” she said.

“I have male friends and once had a driving job where I worked in a depot with 25 other men. But I have never come across this and I don’t think most men would justify this as banter.”

In a written decision after the original hearing, tribunal chairman Derek Reed said Emma was not treated “less favourably” than her male colleagues because they were all sent the email. “Although the effect on her would have been different, the treatment was precisely the same and therefore her claim of sexual discrimination fails,” he added.

But Emma’s lawyer John Peel said: “The tribunal should be able to make a ruling based on the different impact this action had on members of different sexes.

“This is a loophole that needs closing. What offends a woman may not offend a man.”

He said that if the Liverpool tribunal does not change the original decision they will appeal again.

He added: “There is a possibility that this could end up in the House of Lords and it would set a precedent for similar cases.”

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I can understand how this would bother some women but to me it's taking it to the extreme.

I've worked in a male dominated environment before and it was pretty much the same thing. I use to get called over to look at some pretty nasty stuff but I made it clear I wasn't interested and that was the end of it.

They were just lads being lads as far as I was concerned and it didn't effect me mentally one way or the other....well other than to annoy me.

I'm sure if she took the time to say it bothered her they'd not have included her in mails with that type of content and perhaps curved their enthusiastic comments about women when she was about.

[6ULDV8]

One of my clients had a staff member quit her job over the same kind of thing.
One of his reps (he owns a kitchen design company) sent him a bunch of "funnies" via the main company email address.

She (the worker) saw them, was disgusted & quit the job on the spot.

She then attempted to claim 2 years of wages atop other 'injuries' (?)....

It did go to court, it was ruled that as the email was not directly sent to her & that it wasn't an 'Internal' email, my client was in no way at fault.
The judge likened it to 'Spam' from sites saying that it was a far less objectionable email than he often gets in his own mailbox from spammers.
(Nice to see a judge with net sense).

End of the day, it also exhonerated (sp) my clients payment towards her unemployment checks.

[Skylace]

I think since she didn't say anything before that's a big problem. I can understand how it would irritate her but some women aren't bothered by it and they can't know if she was or wasn't if she didn't speak up.

It's interesting you never see this type of thing when a man works with all women. We do our own fair share of being nasty, etc. but they usually don't say 'boo' and I have a feeling if they did there'd be an up-roar.

She needs to get over herself and release that sex discrimination is something very different then guys being guys (or just flat out people being people) and some dirty joke emails.

[Marcella-FL]

Sorry - no sympathy here for the "lads" ... I really don't want to get started on THIS subject so let me be as brief as possible ... there is a time and place for everything and the workplace - especially with mixed company - is NO place for this kind of banter. It sets up an environment that can escalate to a dangerous place ... I have been there. Whether it was firing some schmuck for continued inappropriate and unwanted behavior or testifying at discrimination investigations / trials. If you engage in this behavior on the job you are setting yourself up for problems.

Here in the USA it could be considered Discrimination because the nature of the "offenses" creates a hostile environment for one specific gender - whether it was directed at her or not.

All that being said - you will note that the Couch has been smart enough to set up a lads room as well as a ladies room. If I go venturing into these rooms I expect the behavior to be a little more blue. I don't expect the daily boobie battle to be waged in the news room ...

[Marcella-FL]

[Skylace]

You make some fair points. But for me it honestly doesn't bother me as much. I think people have a right to speak up but I think that people take it too far as well.

[Marcella-FL]

Don't get me wrong - I am not opposed to sexual banter - just not at work. Perhaps I am sensitive to it because I have seen first hand where it has gone too far. I agree though that if it bothers you - then speak up!

Funny you mentioning about the reverse getting no attention ... My husband is a supervisor and there is actually one female employee that wears clothing that is WAY too revealing and he is at a loss of how to tell her to NOT dress that way at work. (I have seen this woman - even I couldn't help but stare at her breasts!) If HE says anything about her tops being too lowcut then she could turn around and claim harassment ... if a female supervisor says anything then they are just "jealous old hags" ... As he says "How am I supposed to control the sexual comments from the men when she is a walking playboy centerfold!!!"

[Skylace]