“Me Too”在性骚扰/性歧视案件中可以接受歧视证据证明歧视意图

Ms. Panjota, as well as a number of other women, had the bad fortunate of working for an employment lawyer, Mr. 安东, who should have known better. One must wonder how Mr. 安东 got any work done, given that this case makes it look like every moment of his work day was spent spewing vile epithets at his female staff, as well as pulling the elastic on a female employee’的内衣,要求员工穿透视衣服。

在审理此案期间,潘乔塔女士’s lawyers tried, over 和 over again, to present to the jury the ample evidence that Mr. 安东’她的ob亵和侮辱性举止和言论是基于他对妇女的歧视性感觉。除了介绍潘乔塔女士’潘乔塔女士自己的铆钉证词’的福利彩票查询还想介绍“me too” evidence, i.e. evidence regarding the manner in which Mr. 安东 treated other female employees. Over 和 over again, the Kern County trial judge refused to admit a wide variety of “me too”证据,尽管Panjota女士解释说,证据是建立安东先生’s(歧视性)心态。 Panjota v 安东,___ Cal.App.4th ___(2011年8月9日)。

谢天谢地Panjota女士’福利彩票查询没有放弃,并创造了良好的事实记录。这使上诉法院能够理解下级法院的错误’的方式。上诉法院以54页的意见认为,“me too”证据应该已经被接受,因为安通’s intent was at issue, 和 the way 安东 treated 和 spoke to other female employees shed light on whether his intent was discriminatory or merely rude 和 disgusting.

上诉法院恰当地解释说,“Anton’s case was premised on the claim that his frequent use of profanity at a loud volume was always directed at situations, not people; it happened in the present of men as well as women; 和 安东 would never have tolerated harassing behavior by anyone in his office, let alone perpetrated it himself.” Given that this was 安东’在此案(或可以说是他的辩护)中,法院裁定他为此打开了大门“me too” evidence “驳斥辩方证人的主张”,并且该证据与“表明他怀有基于性别的歧视性意图或偏见” 和 to “弹each他的信誉”。他们是怎么想的(福利彩票查询以如此公然的性别歧视方式骚扰其工作人员,以及负责作出公正证据裁决的初审法官)在想什么?

At least the Court of Appeals was thinking. It understood that 安东’他对女员工的心态可以帮助证明 恶劣的环境 in which Ms. Panjota worked was sex-based 和 that the reason she was fired was due to her sex. Now, Mr. 安东 has the opportunity to show what he should be thinking by offering up a substantial sum of cash to Ms. Panjota before he is forced to go back 和 face a jury which will hear the full story!

乔迪·勒威特
2011年8月30日