Hostile Environment
(Ann Speaking)

 
 

MAIN PATH: Dee
 Ann
 
 
 
 
 

You're not being fair, Dee. This isn't about creating a pleasant environment. But there is legal precedent concerning a hostile environment. In cases concerning sexual harassment on the job, courts have held that Title VII of the 1964 Civil Rights Act forbids conduct that creates a "discriminatorily hostile or abusive environment." The conduct must be of a kind that a reasonable person would find hostile or abusive.

The Court ruled that a hostile environment need not be so severe that it seriously affects the psychological well-being of employees. It is sufficient that it "can and often will detract from employees' job performance, discourage employees from remaining on the job, or keep them from advancing in their careers."

I think the university could make a similar argument for the university setting. Hate speech can create a hostile environment that violates the Civil Rights Act.


Reference: The quotations are from Harris v. Forklift Systems. A selection from the opinion is contained in Hate Speech On Campus.
Ariadne Home Hate Speech
Bibliography
Hate Speech
Home