And in other news, scientists have discovered that fire is hot.
Humble reader, I give you Macias v. Southwest Cheese Company, LLC. Or, as I like to call it, the case that says that (allegedly) exposing yourself to co-workers (plural) multiple times and passing around pictures of your . . . let’s go with manhood, can serve as a basis for a hostile work environment sexual harassment claim.
Aside from the no he didn’t/oh yes he did behavior the opinion details, Macias also illustrates the flexibility of the statute of limitations period in hostile work environment claims. Specifically, as long as an act contributing to the claim occurs within the limitations period, the court can consider the entire time period of the hostile environment, as long as there is a relationship between the acts occurring after the beginning of the filing period and the ones occurring before it. In Macias, the Court considered an untimely event (the employee exposing himself) because it “bore a sufficient relationship to his acts of exposing himself” to another employee within the limitations period.
The decision also shows the importance of regular and comprehensive sexual harassment training.1