Comment Re: And then Google says... (Score 1) 1416
"X creates a hostile [work] environment for Y" is not a question of opinion. It is a question of law and facts
Wow. So, you can factually measure a "hostile working environment", no opinion necessary? Set up a meter to record hostility radiation, maybe? And laws are always, always, in full, unquestionable agreement with what is right? If something is legal it's OK, and vice-versa? 'cause, laws in different places (and times!) are different: if this had happened in somewhere else (and assuming you're right that this memo was legal while the firing was illegal, which I really, really think you're super wrong about... but I'll get to that) where the laws were against the ex-employee, you'd suddenly be shouting down anyone saying Google was the bad guy, would you? "The law on this side of the border says this is hostile, the guy should never work again! Wait, hang on, let me check that map again..."
So, yeah: I absolutely, 100%, disagree that this isn't a matter of opinion, (possibly alongside law and facts, but absolutely not in complete deference to the former, nor singular interpretation of the latter). Which is why the rest of what you said is pretty much irrelevant to me. But, for funsies, let's play on your yard for a bit.
That goes back to my original assertion, which you rejected, that Google did not have to choose between establishing two different kinds of hostile environment.
Well, buttercup, funny thing. You've linked... umm... jury instructions from one court about a subset of hostile work environment cases? OK. And they conclude that... let's see, what's that last sentence there... "An employer may be held liable for the actionable third-party harassment of its employees when it ratifies or condones the conduct by failing to investigate and remedy it after learning of it.
Now, if you'd clicked the little link at the bottom of that page, to "10.5 CIVIL RIGHTS—TITLE VII—HOSTILE WORK ENVIRONMENT—HARASSMENT BECAUSE OF PROTECTED CHARACTERISTICS—ELEMENTS", you'd come to something at least slightly more relevant, and at least slightly more enlightening. (Hey, did you know that sex is one of Title Vii's protected characteristics? Learning is fun!) For one thing, it sets aside the circumstance in which a working environment can be described as hostile, and... hey, what do you know? They mostly boil down to "did the people involved feel it made the environment hostile" and "would a reasonable person feel if made the working environment hostile". (Protip: "reasonable person" is not necessarily synonymous with "person who agrees with you".) Sounds like a matter of opinion to me!
I do love this. In an argument about what constitutes sexual harassment, you were literally linked one click away from a page explaining how this applies. Sooooo close.
Now, you basically have two choices right now. First: find a parent, gives them the baby eyes until they lend you the cash to hire a lawyer because you want to win one over the bad man on the internet, and get them to write you up some cast-iron legal arguments proving that Google was in the wrong here. (And if they do, don't waste posting it time here: contact this guy and let him know you've found a bullshit artist good enough to get him some of that sweet lawsuit payout, if he gives you a cut.) Second: move on. When all it takes to rip your side apart is to read the single link that you supplied, you're in over your head. If you honestly think you're on the side of the "better-informed" here because, what, you managed to find something legal-looking on Google that you really really thought helped you in some way... then, damn, that's legitimately quite sad.
I suppose you could always take a third option and try an actual reply all by yourself, but... who am I kidding. Of course this is what you're going to do. Oh dear.
Try Gizmodo.
Cheers, I'll do that! If I don't reply to your inevitable response, it's probably because I'm running far far away, very very fast, towards a bright sun, with a smile on my face and a lighter in my hand to burn all the bridges between here and there I can. (Oh, and 'cause I know you get confused about this: that's an "if". I might still stick around to reply.)