So You Think Your Boss is Strange? Check This Out …

On October 16, 2013, a  federal court in Alabama dismissed a sex discrimination claim brought by a female manager who alleged she was unfairly disciplined for sexual harassment while her male co-workers  were allowed  to get away with such behavior. Meyer v. Lincare, Inc. (M.D. Ala. 10/16/13).   The court found that there was no evidence of disparate treatment because the male comparator she identified   was not a manager, nor had he engaged in the same ype of behavior as the plaintiff.
The lawsuit  involved claims brought by Brittney Meyer, a manager for Lincare, an in-home respiratory care company. A service representative who reported to her, Danny Phillips, alleged that Meyer sexually harassed him by rubbing her hand across his buttocks, stroking his arm, and telling him she needed “something long, hard, and cold” (she claimed she was referring to a Coke bottle). Myer was also reported to have shown up for work wearing a tight-fitting, see-through T-shirt, no bra, tight leggings, and bedroom slippers (in case you were wondering, yes, that was a dress code violation).
After conducting an investigation,  Lincare fired Meyer for violating the company’s anti-harassment policy and engaging in “actions and behaviors in the office that are unprofessional, inappropriate and have created an uncomfortable working environment for your staff.”
Meyer sued, alleging sex discrimination because Phillips had sexually harassed her as well, but had not been disciplined. Specifically, she claimed Phillips  had once told her that she “have one of those N-word rears,”and also told her “you must have one of those padded bras on today-your boobs are perky.”
The court found that Phillips was not a proper comparator because, unlike Meyer, he was not a supervisor. Moreover, Phillips had not been accused of wearing inappropriate clothing, nor was he accused of touching anybody. Most importantly, Meyer waited until the day she was fired-at least 11 months after the incident occurred-to report the behavior.
The Meyer decision-aside from making you realize how boring your workplace is- points out the important distinction between managers and subordinates in the world of workplace harassment. Manager are held to higher standard, and a company can, and should, take a hard line stance with managers who have engaged in inappropriate  harassment.