The 11th Circuit wades into Carlin’s seven dirty words and more in this hostile work environment opinion out of the ND AL.Oy it’s way too rich for a family legal blog but I’ll let Judge Marcus explain it:
We recite the profane language that allegedly permeated this workplace exactly as it was spoken in order to present and properly examine the social context in which it arose. We do not explicate this vulgar language lightly, but only because its full consideration is essential to measure whether these words and this conduct could be read as having created “an environment that a reasonable person would find hostile or abusive.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81 (1998) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993)).
That’s probably the only quotable part of the opinion.
Congrats btw to new 11th Circuit Judge Beverly Baldwin Martin, former US Attorney for the Middle District of Georgia, who was confirmed yesterday 97-0 — just like the health care bill.