Journal of Civil Rights and Economic Development

Volume 28 Issue 2 Volume 28, Fall 2015, Issue 2 Article 2

Ballin in the Boardroom: Changing the Social Context of Sexual Harassment

Todd J. Clark

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Part of the Criminal Law Commons, and the Sexuality and the Law Commons

This Notes and Comments is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. 36889-stc_28-2 Sheet No. 4 Side A 12/02/2015 12:39:44 2 1 LARK , (Last http://rap.genius.com/2pac-str8-ballin-lyrics 125 J. C ENIUS G ODD AP T R ) 11/25/2015) 10:44 AM ELETE D OT N O Str8 Ballin’Lyrics, Ballin’Lyrics, Str8 now. . .the game is to be sold not told, so fuck you.” so fuck told, not sold is to be game . .the now. _28.2 (D Tupac, Todd J. Clark is an Associate Professor of Law at North Carolina Central University. First, I First, University. Central Carolina at North of Law Professor Associate is an J. Clark Todd “I would share the definition of ballin’ with you white folks, but but folks, white you with of ballin’ definition the would share “I INAL 2 1 _F Tupac was one of the first artists to develop a connotative meaning for for meaning connotative a develop to artists first the of one was Tupac SOCIAL HARASSMENT OF SEXUAL CONTEXT LARK BALLIN CHANGING IN THE BOARDROOM: THE the word “ballin.” In his song entitled “Str8 Ballin,” Tupac chronicles chronicles Tupac Ballin,” “Str8 entitled song his In “ballin.” the word for context definitional providing of a means as life in his points various a create to able is Tupac soliloquy, lyrical his Through “Ballin.” the word Tupac’s of essence the At to “ball.” means it what of image vivid For well. a game playing of concept the is “ballin” word the of definition represent dunking and rebounding, assisting, scoring, shooting, example, is person a If court. basketball the on prowess to exhibit ways various person such that said be can it skills, these of anyone at good exceptionally in a manner ball the to manipulate is able person that since is “ballin,” song, Tupac’s in However, competition. her or his than greater sufficiently “ballin” For Tupac, of life. game to the concept same this applying he was eluding drugs, of selling spirit his entrepreneurial through exemplified was Today, women. and manipulating competition, his thinking out the police, the of representative is that urban colloquialism an into morphed has ballin C would like to thank God for putting me in a position to write about and shed light on compelling issues. issues. compelling on light shed and about write to a position in me putting for God thank to like would Selena aunt, and my Hill, Sherwood father, my Clark, L. Dora mother, my thank to like also would I Clark, K. Jordan son, my thank to like would I Additionally, support. and love their of all for Comer, will professor a as work and writings my Hopefully, writing. for motivation my of part as serving for andré Professor thank to like would I addition, In potential. greatest his achieve to him inspire day one Mary and Professor Wigal, Grace Professor Mombrun, Reggie Professor cummings, pond douglas as professor. improve a law me and helping to scholar a both dedicated they time the of all for Wright their of a function largely is academy the of a member as well do to managed have I that Anything Pond Douglas André Professor to grateful also am I success. in my interest vested and dedication article. my of drafts reading for Brown Lynn Brooke and Boies Cogdell Kimberly Professor Cummings, supported that Law of School Central Carolina North by provided grant scholarship the appreciate also I my by provided assistance the for grateful extremely am I Finally, article. this of production the citations. my organize me help to diligently worked who Obodoako, Ngozi Diana assistant, research visited Mar. 11, 2014). 36889-stc_28-2 Sheet No. 4 Side A 12/02/2015 12:39:44 A 12/02/2015 4 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 4 Side B 12/02/2015 12:39:44 [Vol. 28:2 [Vol. . 677 (2005) (2005) . 677 EV í   DJDLQ .L.R Melissa R. Null, Note, . 255, 271 . 255, ROOK EV 70 B 70 L. R ; see also also ; see 69 MO. Pink, White, and Blue: Class Assumptions in the Judicial Judicial the in Assumptions Class Blue: and White, Pink, For example, if a male football player were to to were player football male a if For example, 3 ) 11/25/2015) 10:44 AM ELETE D Rebecca K. Lee, Lee, K. Rebecca OT N O JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL _28.2 (D See generally INAL 3 _F In any claim of hostile work environment harassment, the critical issue is is issue critical the harassment, environment work of hostile claim any In LARK suggesting that a consideration of the social context makes it more difficult women in blue collar collar blue in women difficult more it makes context social the of a consideration that suggesting claims). environment work hostile establish to environments Interpretationsof Title VII HostileEnvironment Sex Harassment, (suggesting that a consideration of the social context makes it more difficult for women in blue collar collar blue in women for difficult more it makes context social the of a consideration that (suggesting claims) environment work hostile establish to environments Disrespectful, Offensive, Boorish & Decidedly Immature Behavior is Not Sufficient to Meet the the Meet to Sufficient is Not Behavior Immature Decidedly & Boorish Offensive, Disrespectful, Requirement of TitleVII: Duncan Generalv. Motors Corp., 126 Tupac Since culture. in hip-hop codified is overwhelmingly that mentality C “pat” a teammate on the buttocks as a means of congratulating that player player that congratulating of a means as buttocks the on teammate a “pat” or female, is a male teammate the of whether regardless play, for a good male a if However, harassment. not is this that agree would courts most in on the buttocks professor law a female “pat” to were professor law most publication, for acceptance receiving article her recent of recognition a to create begins a minimum, at conduct, such that find would courts the social the same, was the action Although environment. work hostile first coined the term “ballin,” it has become an entrenched lexicon in the the in lexicon an entrenched become has it “ballin,” term the coined first and money “gettin” about is ballin essence, its At urban vernacular. its and hip-hop, how discuss to plan I article, this In cost. at any women perpetuation of the “ballin” culture can detrimentally alter the social the social alter can detrimentally culture the “ballin” of perpetuation it more that makes a manner in environment place the work of context claims. environment work hostile in to prevail women black for difficult the impact to negatively capacity has the music hip-hop specifically, More to influenced be subconsciously may music, the in message the internalize are that women Second, objects. as sexual solely women of think to likely be more may message misogynistic hip-hop’s by influenced be less as such, may and, of themselves perspectives negative internalize in operate realities these of both When conduct. improper report to likely be otherwise might what of redressing likelihood place, the the work to difficult more becomes VII, Title of violation in harassment, considered prove. is sufficiently, place environment work employee’s the whether often person a reasonable that such hostility with filled or pervasively severely were or its agent the employer of the actions that conclude would, in fact, have employers claims, of types these against defending In outrageous. substantial a is environment workplace the of context social the that argued the find would person a reasonable whether in determining consideration harassing. conduct alleged work place in two material ways. First, since the overwhelming message in in message the overwhelming since First, ways. material two place in work that makers, decisions male objects, sexual are women that is hip-hop 36889-stc_28-2 Sheet No. 4 Side B 12/02/2015 12:39:44 B 12/02/2015 4 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 5 Side A 12/02/2015 12:39:44 127 More More 4 ” Hip-hop is Hip-hop “ , (Mar. 1, 2003, USIC NPR M It uses language as a as a uses language It voking spirit instead of . . . . . ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM IN BALLIN ELETE D Hip-hop: Today’s Civil Rights Movement?, Movement?, Rights Civil Today’s Hip-hop: OT N O _28.2 (D Scott Simon, INAL 4 _F To facilitate this discussion, in Part I of my article I explain how hip- how explain I article of my I in Part discussion, this facilitate To While this article highlights one negative aspect of hip-hop music, the the music, of hip-hop aspect one negative highlights article this While LARK accurately, this article this accurately, a greater assume must music hip-hop that advances level of responsibility by codifying a more positive image of black women. perception self the affected has detrimentally culture hop’s misogynistic history a brief provide I Part II, In of themselves. have women black that social the discusshow and I claim environment work the hostile regarding of determination ultimate the affects environment place work the of context whether harassment hasoccurred in violation ofTitle VII. PartIn III, I Knicks York New the against suit discrimination employment the discuss can negatively boardroom,” the in how “ballin of example an to provide IV, Part in Finally, environment. workplace the of context social the impact this in presented issues the with dealing for solutions several provide I paper. 2015] 2015] rights legal the affected considerably place took action the which in context article this in highlighted concern The cases. these of each in parties of the of types certain are there Clearly, change. can context social the is whether the in and field football the on to accept come has society that behavior reverse? environments these of context social the can however, boardroom; an have group one from members of infusion can an specifically, More of is possibility This environment? of a new context social the on effect black the on has music hip-hop effect the considering in concern critical As perpetuates. sometimes it message misogynistic and the community Corporate enter music hip-hop by influenced are who individuals more music the in contained messages the that imperative is it America, pro and thought an to empowering create endeavor arguing is not article This women. of degradation on the focuses one that prevent will environment place a work of context social in the a change that it Instead, claim. environment work a hostile establishing from a woman a hostile of establishment the occur, does change such if that highlights difficult. be more may claim environment work a central plays Hip-hop the genre. to condemn is not article of this purpose community. the black inspiring as as well in educating role C 12:00AM), http://www.npr.org/templates/story/story.php?storyId=1178621. 12:00AM), http://www.npr.org/templates/story/story.php?storyId=1178621. weapon — not a weapon to violate or not a weapon to offend, but a weapon a weapon but offend, to a weapon not or violate to a weapon weapon — not think. people makes people, provokes that envelope the pushes that inherently political, the language is political language the political, inherently 36889-stc_28-2 Sheet No. 5 Side A 12/02/2015 12:39:44 A 12/02/2015 5 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 5 Side B 12/02/2015 12:39:44 In 6 [Vol. 28:2 [Vol. OMEN W & L. 235, 261 (2007) Even in Tupac’s in Tupac’s Even 7 ACE ACE 5 .J.R ICH , http://rap.genius.com/2pac-wonda- ,12M ENIUS EGRADATION OF OF EGRADATION , http://rapgenius.com/Dr-dre-bitches-aint- G D AP ENIUS R G AP R From Habermas to “Get Rich or Die Tryin”: Hip-hop, the the Hip-hop, Tryin”: Die or Rich “Get to Habermas From ) 11/25/2015) 10:44 AM ISOGYNY AND THE THE AND ISOGYNY Why we call them hos bitches? hos them call we Why Fuckin’ with a mothafuckin’ mind mind a mothafuckin’ with Fuckin’ ,M You wonder why we call you bitch bitch you we call You wonder why ELETE Lick on deez nutz and suck the dick the dick and suck nutz on deez Lick Bitches ain’t shit but hoes and tricks and hoes but shit ain’t Bitches You wonder why we call you bitch. you we call You wonder why If you wonder why we call you bitch you we call wonder why you If D So if you wonder why we call you bitch bitch you we call why wonder So if you I figured you wanted to know, you know know you know, to wanted you figured I OT And maybe this might help you understand understand you help might this And maybe HOP N - Bitches Ain’t Shit Lyrics, Lyrics, Shit Ain’t Bitches O Dear Ms. Deloris Tucker, you keep stressin’ me stressin’ keep you Tucker, Deloris Ms. Dear Wonda Why They Call U Bitch, Bitch, U Call They Why Wonda IP JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL I. H It ain’t personal, strictly business, baby, strictly business strictly baby, business, strictly ain’t personal, It . _28.2 (D Tupac, Tupac, Id Folami, N. Akilah Dr. Dre, 8 INAL 5 6 7 8 _F The aforementioned lyrics are from Tupac’s song entitled “Wonda Why Why “Wonda entitled song Tupac’s from are lyrics aforementioned The LARK (discussing the negative portrayal of women in hip-hop music). hip-hop in women of portrayal negative the (discussing why-they-call-u-bitch-lyrics (Last visited Mar. 11, 2014). 2014). 11, Mar. visited (Last why-they-call-u-bitch-lyrics attempt to tell a positive story about women, the language that he uses is is uses he that language the women, about story positive a tell to attempt “Bitches song Dr. Dre’s chorus from Snoop Dog’s disrespectful. highly better Chronic,” “The entitled album Dr. Dre’s from Shit” Ain’t in hip-hop depicted frequently are more women the way exemplifies music. They Call You Bitch” from his multiplatinum album “All Eyez on Me.” Eyez “All album his multiplatinum from Bitch” You Call They 128 C Telecommunications Act of 1996, and the Black Public Sphere Public Black the and 1996, of Act Telecommunications this song, Tupac explains his definition of the word bitch. In his first verse, verse, his first In the word bitch. of definition his explains Tupac song, this obtain to seeks who a woman his protagonist, to listener the he introduces instead men, numerous to her body sacrificing sexually by gain monetary the second verse, In opportunity. to create capacity intellectual her of using rather would how his protagonist raps about Tupac and develops the story Finally, children. her with home at stay than rather club night the frequent bitch. word the about narrative verbal his completes Tupac verse, last in the AIDS from she dies as to an end comes story protagonist’s the this verse, In this Through encounters. sexual unprotected, numerous, her of result as a was the word bitch use of his that the world, for Tupac highlighted, track, While gain. financial to pursue her sexuality that uses to a woman limited some the women, to “uplift” attempt as Tupac’s this song perceive might is negative. in hip-hop women of portrayal overwhelming shit-lyrics (Last visited Mar.11,2014). 36889-stc_28-2 Sheet No. 5 Side B 12/02/2015 12:39:44 B 12/02/2015 5 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 6 Side A 12/02/2015 12:39:44 129 bout . 1343, EV Anyone 19 13 .L.R EMP 9 available at available ,69T According to the Old to the Old According 11 Because of this mistreatment, mistreatment, this of Because During herreign, she killeda 18 As a result of these actions, the the actions, these of result a As 14 59 (2006). 15 According to scripture, she was able to to able was she scripture, to According 12 ITERACIES L Since white slave owners perceived black black perceived owners slave Since white IPHOP IPHOP 17 ,H ) 11/25/2015) 10:44 AM . BALLIN IN THE BOARDROOM IN BALLIN Blackwomen, Sexual Myth, and Jurisprudence and Myth, Sexual Blackwomen, ELETE Get’s the fuck out after you’re done done you’re out after fuck the Get’s Kings D ; 2 OT ICHARDSON N R O And I hops in my ride to make a quick run. . . run. a quick make to ride hops in my And I The term “Jezebel” finds its origins in the biblical story a story biblical the in origins its finds “Jezebel” term The Kings 1 10 . . . . omitted). . at 21. (citation . LAINE LAINE . _28.2 (D Id Tarpley, Joan R. Black of Forms and Degrading Empowering Assessing Moncrieffe, Stephine Camile Id Id E See Id Id Id The connotative meaning of the word Jezebel further developed developed further Jezebel the word of meaning connotative The Id INAL 16 15 16 17 18 19 9 10 11 12 13 14 _F The portrayal of black women as Jezebel’s is highly problematic because because problematic highly is as Jezebel’s women black of portrayal The In these lyrics, Snoop makes it very clear that a woman’s primary primary woman’s a that clear very it makes Snoop these lyrics, In LARK term “Jezebel” has become a synonym “for a woman who engages in engages who “for a woman a synonym become has “Jezebel” term through men exploits and enslaves who herself and acts, sexual depraved sex.” accomplish her objective through devious means by manipulating her her manipulating by means devious through objective her accomplish of Israel. people the to deceive seal his using and by husband during slavery as white slave owners began to sexually and physically and physically sexually to began owners slave as white slavery during women. black victimize an opprobrious stereotype developed that black women are incapable of of are incapable women black that developed stereotype an opprobrious nature.” sexual “uncontrolled of their because exploitation sexual Jezebel, the wife of King Ahab of Ahab Israel. of King wife the Jezebel, Testament, Jezebel was a pagan woman who attempted to convert the the to convert attempted who woman pagan a was Jezebel Testament, the following to of God teachings the following from Israel of people Baal. god, Pagan her of teachings such portrayal influences the way that black men perceive black women as as women black perceive men black that way the influences such portrayal 2015] 2015] scholars most idea, this with Consistent gratification. sexual for is purpose as music hip-hop in portrayed frequently are women black that agree “Jezebels.” C Entertainment to Understand Idealized Black Womanhood, Career Development, Family formation and and formation Family Development, Career Womanhood, Black Idealized Understand to Entertainment with file (on Delaware) of University thesis, B.A. (unpublished 21 (2010) Embody they Sterotypes the Delaware) of University the http://dspace.udel.edu:8080/dspace/bitstream/handle/19716/5492/Moncrieffe,%20Camille.pdf?sequenc omitted). (citation e=1 women as seductive, manipulative, hypersexual animals who possessed an an possessed who animals hypersexual manipulative, as seductive, women their that conceptualized owners slave white sex, for appetite insatiable justified. was women of black mistreatment 1344 (1996). significant number of God’s followers. God’s of number significant who opposed her rule was persecuted. was rule her opposed who 36889-stc_28-2 Sheet No. 6 Side A 12/02/2015 12:39:44 A 12/02/2015 6 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 6 Side B 12/02/2015 12:39:44 , , , 27 IMES ., at 4 YRICS L ES R Some of of Some [Vol. 28:2 [Vol. ,L.A.T 23 TUDENT TUDENT S WEETS WEETS S OF 22 (Jeffrey C. Alexander C. Alexander 22 (Jeffrey As a result of this this of a result As , 1 J. 20 This message is highly is highly message This and Chief Keef’s Chief and Don’t “I EXUALITY As noted by one domestic one domestic As noted by S available at available 25 28 22 Jay-Z’s “Stick 2 the Script,” “Stick Jay-Z’s 26 , http://rapgenius.com/Chief-keef-i-dont-like-lyrics , http://rapgenius.com/Chief-keef-i-dont-like-lyrics , http://rapgenius.com/Jay-z-stick-2-the-script-lyrics ONSTRUCTION OF ENIUS ENIUS C G , http://rap.genius.com/Lil-wayne-snitch-lyrics (Last visited visited (Last , http://rap.genius.com/Lil-wayne-snitch-lyrics G These rules have become gospels of truth in in truth of gospels become have rules These AP AP This failure to report is deeply rooted in black black in rooted deeply is report to failure This R R 24 OCIAL ENIUS Sister Citizen Shame, Stereotypes, and Black Women in America Women and Black Stereotypes, Shame, Citizen Sister S 21 G Everybody Hates a Snitch, HE For African American Rape Victims, a Culture of Silence of Culture a Victims, Rape American For African AP ) 11/25/2015) 10:44 AM Sexual Assault Against Women of Color of Women Against Assault Sexual R ,T Charles Cooley’s concept of the “looking glass self,” self,” glass the “looking of concept Cooley’s Charles ELETE 30 D I Don’t Like, Like, Don’t I Snitch, Snitch, OT EIDMAN N S O Stick 2 the Script, Script, 2 the Stick 29, 35 (2011), http://yalepress.yale.edu/yupbooks/excerpts/Harris-Perry_Excerpt.pdf. . JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL TEVEN _28.2 (D Jay Z, Z, Jay Chamillionaire, Keef, Chief S Melissa V. Harris-Perry, Victoria C. Olive, Pollard-Terry, Gayle Id. Id Id. Lil Wayne, remix featuring Kayne West. In additionto being lesslikely to RESS INAL 29 27 28 29 30 20 U. P 21 22 23 24 25 26 _F ALE LARK these blackisms include: “What goes on in this house, stays in this stays house, in this on goes “What include: blackisms these house;” expose.” don’t and “protect, culture and is kept alive by hip-hop music. hip-hop by alive is kept and culture prevalent in the hip-hop community and can be found in numerous hip-hop hip-hop and can be found in numerous community the hip-hop in prevalent “Snitch,” Wayne’s Lil including: songs problem, there are major social issues that confront black women. For For women. black confront that issues social major are there problem, a sexual report to longer to wait likely are more women black example, women. white than assault the black community because of the historical belief that whites aren’t to be to be aren’t whites that belief historical because of the community the black those shun often will community black the distrust, this of Because trusted. persons whoreport inappropriate behavior. Like” Chamillionaire’s “Everybody Hates a Snitch,” a Hates “Everybody Chamillionaire’s 130 to some According themselves. perceive women black that way the as well women that black way the affects significantly stereotyping scholars, and sexuality. womanhood own their conceptualize C Y (2012), http://www.jofsr.com/index.php/path/article/view/27/0. (2012), ed. 2003) http://www.old.li.suu.edu/library/circulation/Gurung/soc2370sgSocialConstrCh2Fall10.pdf#page=10&z oom=auto,27,15555. Jul. 20, 2004, http://articles.latimes.com/2004/jul/20/entertainment/et-pollard20. http://www.sweetslyrics.com/860992.Chamillionaire%20- 2014). 11, Mar. visited (Last %20Everybody%20Hates%20A%20Snitch.html (Last visited Mar. 11, 2014). 11, Mar. visited (Last (Last visited Mar. 11, 2014). 11, Mar. visited (Last Mar. 11, 2014). violence advocate, “[t]he black culture . . . is a storytelling culture, rooted rooted culture, a storytelling is . . . culture black “[t]he advocate, violence its with comes It apartheid. of American decline the before South in the as “Blackisms.” known affectionately are that rules,” of set own report incidents of sexual abuse, black women are more likely to to likely are more women black abuse, of sexual incidents report is identity woman’s a because identity sexual their with issues experience to the group of construct societal predominant the by determined largely which she belongs. 36889-stc_28-2 Sheet No. 6 Side B 12/02/2015 12:39:44 B 12/02/2015 6 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 7 Side A 12/02/2015 12:39:44 131 Thus, if Thus, if 31 Cir. 1971). For th 151–152 (1902). 151–152 In essence, the the essence, In ONSIDERATION C 32 RDER O OCIAL OCIAL S the United States Supreme Supreme States United the For black women that are a a that are women For black ONTEXT C 33 LAIMS AND THE THE AND LAIMS C OCIAL OCIAL ATURE AND THE S N UMAN ,H OF THE OF THE NVIRONMENT NVIRONMENT E OOLEY ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM THE IN BALLIN C note 17, at 5. 5. at 17, note 34 While the Court recognized that Title VII did not did not VII Title that recognized Court While the ELETE ORK D 35 supra ORTON W OT H N O . . HARLES HARLES OSTILE _28.2 (D C Id Id Moncrieffe, work a hostile that (holding (1986) 66 57, U.S. 477 Vinson, v. FSB Bank, Savings Meritor INAL Meritor Savings Bank, FSB v. Vinson, Bank, Savings Meritor II. H 31 32 33 34 35 _F In [m]any psychologists argue that Blacks overall, view themselves themselves view overall, Blacks that argue psychologists [m]any to develop ability their impacts which in media, imagery through Thus, identifications. groups’ reference and self-concepts positive that behaviors and produce stereotypes these internalize Blacks to of media form important an are videos Music them. reinforce the present they because analyze and discuss and positive many which media; electronic in presented of stereotypes meanings negative can be internalized. their as as well identity their women, black of depiction this of Because LARK other people have a negative image of a particular individual, that that individual, of a particular image a negative have people other of themselves. image a negative have will individual a thorough history of the hostile work environment claim,please see Professor Clark’s article entitled Harasser Opportunity Equal the Affirming Proof: of Burdens Unequal Harass, to Opportunity Equal Court expanded the theory of hostile work environment to apply in sexual in sexual to apply environment work of hostile the theory Court expanded cases. harassment conceptions of sexual right and wrong can become distorted since the the since distorted can become and wrong right sexual of conceptions the such, As objects. sexual are merely they that is construct dominant when perpetuates culture hip-hop that views barbaric and misogynistic For identity. of self issues significant causes women black describing to and begin sexualized are overly women black because example, recognize to likely be less may they depiction, such internalize to report likely less be will do, they if they even and conduct discriminatory it. 2015] 2015] people theory, to this According phenomenon. this explains further others. of on the perceptions based self-image own their develop is women black of construct overwhelming the culture, hip-hop the of part Consequently, disrespectful. C environment occurs when a victim is targeted because of her status as a member of a protected class and and class a protected of member as a status her of because targeted is a victim when occurs environment such targeting isunwelcome regardless of whether the victim participatedvoluntarily.). The first case (5 to 234 F.2d 454 EEOC, v. Rogers was environment work hostile for a claim recognize people who make up an individual’s social context provide that individual individual that provide context social individual’s up an make who people reality. her own or his of with a reflection 36889-stc_28-2 Sheet No. 7 Side A 12/02/2015 12:39:44 A 12/02/2015 7 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 7 Side B 12/02/2015 12:39:44 38 41 [Vol. 28:2 [Vol. represents represents 37 39 , , the , the plaintiff- Oncale case reiterated the importance importance the reiterated case The employee allegedThe employee his that specifically dealt with whether a a whether dealt with specifically 40 . 59, 62-70 (2012). 62-70 . 59, Oncale UST .J Oncale OC ,&S As a result, the court held that a claim of hostile hostile of a claim held that court the As a result, ) 11/25/2015) 10:44 AM ENDER 36 ,G Oncale v. Sundowner Offshore Services v. Sundowner Offshore Oncale ELETE D ACE OT R N O OF , 477 U.S. at 64. .J. at 69. at 63-73. . . JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL ENN _28.2 (D Meritor Id. Id. Oncale v. Sundowner Offshore Services, 52375, U.S.77 (1998). Id Id with the plaintiff’s work performance in creating an intimidating, intimidating, an in creating performance work plaintiff’s with the the seriously that affected environment working or offensive hostile prima of a prong third (The plaintiff the of well-being psychological facie case requires both a subjective and objective inquiry, and objective a subjective both requires case facie find would person a reasonable whether ask to court the compelling and hostile.); environment the workplace INAL ,1T 36 37 38 39 40 41 _F (A) harassment; sexual to unwelcome subjected was she That (B) on sex; was based the harassment That (C) interfering unreasonably of the effect had harassment sexual the That In determining whether each of these elements is satisfied, the court court the satisfied, is elements these of each whether determining In (D)employer. the to liability imputing for a basis is there That LARK work environment can only be established if a plaintiff-employee can prove prove can if a plaintiff-employee be established can only environment work following: the each of of analyzing the social context of harassment. In In of harassment. context the social of analyzing Defense co-workers sexually assaulted him, threatened him with rape, and forced forced and rape, with him threatened him, assaulted sexually co-workers of his colleagues. front in acts sexual in embarrassing to participate him the Court’s most recent and comprehensive consideration of the social social the of consideration comprehensive and recent most the Court’s While of harassment. context The employee complained to his supervisors as well as the company’s company’s the as well as supervisors his to complained employee The In making this determination, strong consideration will be given to the the to be given will consideration strong this determination, making In Supreme States United The occurs. harassment the in which context social in decision Court’s 132 that opined it environment, work of hostile a claim for provide expressly a evinced employment,” of or privileges conditions, “terms, the language treatment of disparate spectrum entire “the eliminate to intent congressional and women.” of men C male employee could establish a claim for hostile work environment environment work for hostile claim a could establish employee male the employee, male another against Sundowner employer, his for field in an oil as a laborer worked employee (“Sundowner”). Inc. Services, Offshore must conductmust circumstances. the of totality the considering by review its 36889-stc_28-2 Sheet No. 7 Side B 12/02/2015 12:39:44 B 12/02/2015 7 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 8 Side A 12/02/2015 12:39:44 133 The The Oncale 46 In determining determining In As a result, the the a result, As 42 49 The court held that a a that held The court 44 Specifically, the Court the Court Specifically, 47 The employee brought an action for for action an brought The employee 50 43 . ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM THE IN BALLIN , the Court clearly indicated that not all workplace all not that indicated clearly Court , the at 70, 80-81. 70, at ELETE D Although the Court extended protection to the plaintiff- to protection the extended Court Although Id. OT 48 N O , 523 U.S. at 77 , 523 U.S. , at 82. Whenthe harasser is of the same sex as the plaintiff-employee, the Court Oncale On appeal,theFifth Circuit affirmed and the United States at 78 (quoting Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U.S. 669, 669, U.S. 462 EEOC, v. Co. Dock Dry & Shipbuilding News Newport (quoting 78 at (internal quotation marks omitted). at 81. . . _28.2 (D Id. Id. Id. Oncale Id Id. Id Id. Oncale 45 . INAL 48 49 50 42 43 44 45 46 47 _F “requires careful consideration of the social context in which which in context social the of consideration careful “requires A target. its by experienced and is occurs behavior particular or is not severely environment working player’s football professional abusive,pervasively on the him smacks coach the if example, for would behavior if the same the field-even onto as he heads buttocks (male secretary coach’s the by abusive as be experienced reasonably office.” at the back or female) LARK Supreme Court reversed the decision of the Fifth Circuit decisions and held and held decisions Circuit the Fifth of decision the reversed Court Supreme sexual of same-sex consisting discrimination “sex alleging claims that actionable are harassment VII.” Title under group would not be a viable option if the same-sex harasser worked in an environment that was reasoned that Title VII’s reference to discrimination because of . . . sex” is is sex” . . . of because discrimination to reference VII’s Title that reasoned places in treatment unequal from women and men both protect to intended of employment. Supreme Court granted certiorari for a determination for certiorari Court granted Supreme of on the validity VII. Title under brought claims harassment sexual same-sex employee quit because he felt that if he remained with his employer, he he employer, his with remained he if that felt he because quit employee raped. forcibly would be 2015] 2015] taken. was no action however, Clerk; Compliance Safety C whether workplace harassment violates Title VII, the court in the court VII, Title violates harassment workplace whether inquiry such that averred held thatthere are several frameworksthat a plaintiff-employee (2) homosexual; canis use toharasser establish the that that such showing (1) including: sex, of because occurred harassment the of employees of presence the towards hostility a general by motivated is harasser the that showing a mixed-sex in women versus men treated harasser the how showing (3) or workplace; the in sex same workplace. Interestingly, with respect to the second framework, a general hostility towards a particular group. one by dominated (1983)). 682 male has no cause of action under Title VII for harassment by male co- male by for harassment VII Title under action has no cause of male workers employee in employee harassment will result in a claim of sexual harassment. of sexual claim a in result will harassment discrimination based on sex against Sundowner in the United States States United the in Sundowner sex against on based discrimination Louisiana. of District Eastern the for Court District 36889-stc_28-2 Sheet No. 8 Side A 12/02/2015 12:39:44 A 12/02/2015 8 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 8 Side B 12/02/2015 12:39:44 In The The The The 52 . It was 53 56 55 [Vol. 28:2 [Vol. 51 The harasser 57 Rabidue v. Osceola Refining Co ) 11/25/2015) 10:44 AM ELETE D OT N 805 F.2d at 624. O While the harasser did not work in the same department with with department same the in work not did harasser the While 54 at 614. In addition to dealing with the hostile work environment issue, the Sixth Circuit Circuit Sixth the issue, environment work hostile the with dealing to addition In 614. at at 82. . at 615. . at 615. . . . JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL Id _28.2 (D Id Id Id Rabidue Id. 1986). Cir. 620 (6th 611, 805 F.2d Id. , the plaintiff-employee, a female administrative assistant in an Oil an Oil in assistant administrative a female , the plaintiff-employee, INAL 54 55 56 57 51 52 53 _F “a constellation of surrounding circumstances, expectations, and and expectations, circumstances, surrounding of “a constellation the of recitation a simple by captured fully not are which relationships an and sense, Common performed. acts physical the or used words juries and courts enable will context, to social sensitivity appropriate among roughhousing or teasing simple between to distinguish in person reasonable a which and conduct sex, same the of members abusive.” or hostile severely find would position the plaintiff’s One of the most often cited cases for consideration of the social context context the social of for consideration cases cited often most of the One Moreover, to thoroughly understand whether understand thoroughly to Moreover, is conduct specific LARK actionable, a court must consider consider must a court actionable, harasser made obscene comments about women in general and “routinely “routinely and in general women about comments obscene made harasser ‘tits.’” and ‘pussy’ ‘cunt,’ as ‘whores,’ to women referred the plaintiff or have any direct supervisory control over the plaintiff, their their plaintiff, the over control supervisory direct any have or plaintiff the each with coordinate they that required often responsibilities workplace departments. respective each of their from personnel or with other also had to resolve two additional issues. First, the Sixth Circuit had to determine whether the the whether determine to had Circuit Sixth the First, issues. additional two resolve had to also a as liable was Inc., Petrochemicals suit, Texas-American her of time at the employer plaintiff’s successor for harassment that occurred before Texas-American’s acquisition of plaintiff’s previous nondiscriminatory legitimate Texas-American’s that establish to evidence sufficient present not did that record in the evidence substantial was there circuit, Sixth the to According pre-textual. was reason plaintiff’s harassment claim was created largely as a result of her her of as a result largely created was claim harassment plaintiff’s another in supervisor a male with relationship working acrimonious department. and its ability to limit a plaintiff-employee’s right to recover pursuant to a a to pursuant recover to right a plaintiff-employee’s to limit ability its and is claim environment work hostile 134 C employer. regardsIn to this issue,the SixthCircuit affirmed the trial court’s decision holding that the with charge any file to yet had plaintiff because successor as a liable not was Texas-American EEOCprior to Texas-American’s acquisition and becausethere was insufficient evidenceto establish that Texas-American was on noticeof any outstanding or contingent charges before its acquisition. Second,the Sixth Circuit haddetermine to whether the plaintiff’s employment terminated was because she was a female. Again, the Sixth Circuitaffirmed the decision of the trial court holding that plaintiff plaintiff’s termination occurred because of the plaintiff’s “many job-related problems, including her and co-workers with harmoniously to work inability and her personality opinionated and irascible customers.” undisputed that the harasser was extremely vulgar and crude. vulgar extremely was harasser the that undisputed Rabidue environment. work a hostile to subject was that she alleged Refinery, 36889-stc_28-2 Sheet No. 8 Side B 12/02/2015 12:39:44 B 12/02/2015 8 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 9 Side A 12/02/2015 12:39:44 135 The plaintiff, along Within the common common the Within On one occasion he he occasion On one 61 59 58 According to the Sixth 64 ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM THE IN BALLIN ELETE D The trial court granted, and the Sixth Circuit affirmed, affirmed, Circuit Sixth the and granted, court trial The OT N 63 , 805 F.2d at624. O 65 “One poster, which remained on the wall for eight years, years, eight for the wall on remained which poster, “One at 624 (Keith, dissenting). at 623. However, the employer did nothing because the harasser was a a was harasser the because nothing did the employer However, . . . at 615. . . at 620. _28.2 (D Id Id Id Id. Rabidue Id Id. Id 60 62 INAL 58 59 60 61 62 63 64 65 _F According to both the trial court and the Sixth Circuit, the social context context the social Circuit, the Sixth and court trial the to both According a proper assessment or evaluation of an employment environment that that environment employment an of evaluation or assessment a proper of consideration invite would claim harassment rise to a sexual gives of the alleged the nature as factors and subjective such objective her plaintiff, the of and experience the background harassment, of environment of the physical the totality supervisors, and coworkers, the pervaded that obscenity of lexicon the area, work the plaintiff’s the plaintiff’s and after before both workplace the of environment expectation reasonable the with coupled environs, its into introduction the Thus, environment. that entering voluntarily upon plaintiff the of different be would harassment sexual actionable of presence the prevailing and of the plaintiff personality upon the depending an ad upon evaluated and and be considered must environment work hoc basis. LARK showed a prone woman who had a golf ball on her breasts with a man man a with breasts her on ball a golf who had woman prone showed a ‘Fore.’” in hand, yelling club her, golf over standing key employee. key of the work place environment was a key consideration in determining determining in consideration key a was environment place the work of under was cognizable the employee by suffered the harassment whether court district Newblatt’s Judge from language The following VII. Title in this the holding behind reasoning the articulates best case in this opinion case: 2015] 2015] plaintiff. the at comments specific directed also C summary judgment in the employer’s favor. employer’s in the judgment summary specifically made the following comment about the plaintiff: ‘“All that that ‘“All plaintiff: the about comment following the made specifically ass.’” ‘fat her called and lay’ a good is needs bitch work areas, the plaintiff was regularly subjected to inappropriate displays displays inappropriate to subjected regularly was plaintiff the areas, work co- the male by posted that were women” clad partially or of “nude workers. with several other female employees, repeatedly filed written complaints complaints written filed repeatedly employees, female other several with complained they if jobs their lose would they that fearful were they because directly. Circuit, Circuit, 36889-stc_28-2 Sheet No. 9 Side A 12/02/2015 12:39:44 A 12/02/2015 9 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 9 Side B 12/02/2015 12:39:44 66 [Vol. 28:2 [Vol. Her claim 68 70 and used profanity in profanity and used Gross v. Burggraf Const. Const. v. Burggraf Gross ” ; t you just want to smash to just want t you a ” ’ dumb ; “ ” cunt “ ; , there are other cases that have been equally been equally have that cases other are there , ” ; ) 11/25/2015) 10:44 AM ” ELETE Mark, sometimes, don sometimes, Mark, D “ Rabidue OT N O According to the plaintiff, the harassing supervisor directed directed supervisor harassing the plaintiff, the to According t you get out of it until I tell you. I until it of out get you t 69 ’ . at 620-1. . at 1535. . . at 1536. JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL _28.2 (D Id Gross v. Burggraf Const. Co.,53 F.3d 1531 (10th Cir.1995). Id Id Id go fuck himself fuck go What the hell are you doing? Get your ass back in the truck and and the truck in ass back your Get doing? you are the hell What a female plaintiff-employee, who was employed as a truck driver, driver, truck a as employed was who plaintiff-employee, female a Anderson threatened to retaliate against Gross because he had heard heard he had because Gross against to retaliate threatened Anderson claim. an EEOC filing contemplating was she that Anderson warned Gross that if she ruined the transmission on her her on transmission the ruined she if that Gross warned Anderson and fired; be would she truck Anderson approached Gross after work one day and offered to buy buy to offered and one day work after Gross approached Anderson to employee Burggraf another tell would she if beer of her a case “ reference to her; to her; reference Anderson referred to Gross as to Gross referred Anderson On one occasion, as she left her truck, Anderson yelled at her: her: at yelled Anderson truck, her left as she On one occasion, “ don woman in the face? in the woman Anderson referred to her as a as her to referred Anderson After Anderson was unable to elicit a response from Gross over the the over Gross from a response to elicit unable was Anderson After Burggraf to another statement following the he made radio, CB employee: INAL 66 67 68 69 70 _F 67 , x x x x x Indeed, it cannot seriously be disputed that in some work work some in that disputed be seriously cannot it Indeed, Sexual vulgar. and hewn rough are language and humor environments, Title abound. may magazines girlie and conversations sexual jokes, be forgotten never must this. It can-change to-or not meant was VII equal for struggle the in mainstay court federal is the VII Title that it is But America. of workers female the for opportunity employment a about bring to was designed VII that Title to claim different quite workers. American of mores social the in transformation magical to addition In x x LARK 136 the considering after claim environment work a hostile to allow resistant in For example, harassment. the of context social Co. C the following statements at her throughout the course of her employment: of her employment: course the at her throughout statements the following brought suit against her employer, Burggraff Construction Company, Company, Construction Burggraff employer, her against suit brought environment. work hostile to a subject was she that alleging was predicated on the actions and comments of her immediate supervisor, supervisor, immediate of her and comments actions the on predicated was Anderson. 36889-stc_28-2 Sheet No. 9 Side B 12/02/2015 12:39:44 B 12/02/2015 9 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 10 Side A 12/02/2015 12:39:44 In 137 76 used the social context of of context social the used Bryant v. Martinez, 46 Fed.Appx. Fed.Appx. 46 Martinez, v. Bryant In support of her claim, she she claim, support of her In see As such, because of the blue blue the of because such, As provides an excellent example example excellent an provides 72 77 Gross “In the real world of construction construction of world the real “In and and 73 Rabidue and concluded that the social context of the the of context social the that concluded and ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM IN BALLIN In support of its decision, the Tenth Circuit relied on on relied Circuit Tenth the decision, its of support In Powell-Pickett v. AK Steel Corp., 904 F.Supp.2d 767, 778 (S.D. Ohio Ohio (S.D. 778 767, F.Supp.2d 904 Corp., Steel AK v. Powell-Pickett ELETE 71 D see see Rabidue OT N , 187 F.3d 563. F.3d 187 , O Coy v. Delaware, (S.D. Ohio 2014), 2014 WL 117085, at 10 (stating that former former that 10 (stating at 117085, WL 2014 2014), Ohio (S.D. Delaware, v. Coy , F.3d 53 1538. at Id. Williams v. General Motors Corp., 187 F.3d 553,560-61, (6th Cir.1999) (illustrating at559. The tool crib was “a warehouse used to store materials and components used at see 74 . at 1547. . a female plaintiff, who worked as a blue collar employee in the the in employee collar blue a as worked who plaintiff, a female _28.2 (D Williams v. General Motors v. General Williams Corp. Williams Id. Id Gross Id. See Id See 75 INAL 76 77 71 72 73 74 75 _F In affirming the decision of the trial court to grant summary judgment in in judgment summary to grant court trial the of decision the affirming In While the holdings of both of both holdings the While LARK the work place environment to rule against the employee, not all courts courts all not employee, the against rule to environment place the work agree. [General Motor’s] plant, from which materials were distributed by an attendant to assemblers who who assemblers to an attendant by distributed were materials which from plant, Motor’s] [General requested them.” the employer’s favor, the Tenth Circuit Court of Appeals held that the the that held Appeals of Court Circuit Tenth the favor, employer’s the work a hostile to establish insufficient were allegations plaintiff’s claim. environment harassment is a relevant consideration in analyzing whether a plaintiff has has plaintiff a whether analyzing in consideration a relevant is harassment environment. work to a hostile been subject the reasoning of the reasoning 2015] 2015] C alleged that one of her coworkers constantly used the “F-word” and called called and “F-word” the used constantly coworkers her of one that alleged collar nature of her employer, the court determined that the plaintiff should should plaintiff the that determined court the employer, her of nature collar coarseness. of level certain a expect of how some courts will not allow will courts some of how place of a work context social the to heighten women, towards discriminatory is historically that environment claim. environment work in a hostile burden employee’s a female Williams in harassment to sexual she subjected was that alleged department, tool crib environment. working of a hostile the form work, profanity and vulgarity are not perceived as hostile or abusive. abusive. or hostile as perceived not are and vulgarity profanity work, human as normal endured or accepted are of expression forms Indelicate behavior.” the severe or pervasive test, and the subjective test, which assesses whether the employee herself felt felt herself employee the whether assesses which test, subjective and the test, pervasive or severe the threatenedharassed); or treated was she that alleging employer, her against action an brought employee a female (stating 2012) less favorably and subjectedtoharassment. The Court stated thatin her order for to succeed on the and subjective objective both meet must and she altered be must work employee’s the claim harassment components); employee brought action against her employer and male supervisor, alleging sexual harassment in in harassment sexual alleging supervisor, and male employer her against action brought employee a environment work hostile of a case establish to in order that stated Court The VII. Title of violation subjective aspect mustbe met, along with other elements. orderIn to meet the subjective aspect the victim must subjectively regard theenvironment asabusive.); against action VII Title brought employee former female a that (explaining 2002) Cir. (6th 296 293, sufficiently is that conduct show must employee the prevail, “[t]o stated, Court The employer. federal working an abusive create to and employment victim’s the of conditions the alter to pervasive or severe environment”). 36889-stc_28-2 Sheet No. 10 Side A 12/02/2015 12:39:44 A 12/02/2015 10 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 10 Side B 12/02/2015 12:39:44 [Vol. 28:2 [Vol. On another another On 83 The plaintiff also 80 In considering these facts, facts, these considering In 85 The courtof appeals reasoned The court of appeals reversed reversed appeals of court The 87 . 86 Thereafter, he threw several boxes on the on the boxes several he threw Thereafter, Rabidue 79 and and The plaintiff-employee further alleged that there there that alleged further plaintiff-employee The ) 11/25/2015) 10:44 AM 84 Gross ELETE D OT N He also remarked that “You would kill me, Marilyn. I don’t don’t I Marilyn. me, kill “You would that remarked He also , 187 F.3d at559. F.3d 187 , 558. at O 82 This same co-employee also remarked that he was “sick and and “sick he was that remarked also co-employee same This On one occasion, her supervisor looked at her breast while while breast her at looked supervisor her occasion, one On 78 . . . . at 563. . at 559. . at 563. JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL _28.2 (D Id. Id. Id Williams Id Id Id Id Williams Id 81 INAL 78 79 80 81 82 83 84 85 86 87 _F A woman who chooses to work in the male-dominated trades trades male-dominated in the to work who chooses A woman we indeed, harassment; sexual from free to be right her relinquishes more the that means it because illogical, be to reasoning this find the more the sexism, prevalent the more and the environment, hostile is conduct sex-based that prove to plaintiff VII Title a for is it difficult work hostile a to constitute or pervasive severe sufficiently less not deserve do trades in the working women Surely environment. LARK plaintiff’s work desk, one of which grazed her hip. her which grazed one of desk, work plaintiff’s know if I can handle it, but I’d die with a smile on my face.” on my a smile die with I’d but it, can handle if I know tired of these fucking women.” fucking these of tired alleged that her general supervisor engaged in sexually discriminatory discriminatory in sexually engaged supervisor general that her alleged conduct. the district court granted the employer’s motion for summary judgment judgment summary for motion employer’s the granted court the district place environment work employee’s the that reasoned the court because pervasive. or severe sufficiently not was that it does not believe: believe: not does it that 138 slut. her a C were several additional incidents that contributed to her hostile work work to her hostile contributed that incidents additional were several her towards hostility a general established that claim environment denial to her desk, documents gluing someone include: these womanhood, her to provide failure breaks, scheduled regularly of denial of overtime, and the workplace, of back the to relegation office, the to a key with station. work her access to ability her limiting talking to another employee and remarked that she could rub up against up against could rub she that and remarked employee another to talking anytime. him and expressly rejected rejected and expressly occasion, while she was writing the name “Hancock Furniture Company” Company” Furniture “Hancock the name writing was she while occasion, arm his her, put up behind “came supervisor her of paper, on a piece the left said, ‘You and hers, against his face leaned and neck around her hand.’” the of out dick 36889-stc_28-2 Sheet No. 10 Side B 12/02/2015 12:39:44 B 12/02/2015 10 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 11 Side A 12/02/2015 12:39:44 139 88 whether the the whether In Judge Ryan’s Ryan’s Judge In 91 laced with crude requirea plaintiff to Instead, in his dissent, Judge Judge dissent, his in Instead, in determining Rabidue regularly 89 and intimidation, ridicule, and insult and and insult and ridicule, intimidation, of the victim’s employment” in that in that employment” victim’s of the Gross case of discrimination, where the work place place work the where discrimination, case of ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM IN BALLIN ELETE discriminatory D OT N , 187 F.3d 187 , 570-1. at O at 570-1 at 570-1 According to Judge Ryan, the majority, in considering the the in considering the majority, Ryan, Judge to According . at 564. . . at 571. _28.2 (D Id Id. Id Williams Id 92 alter[ed] the conditions the alter[ed] 90 INAL 88 89 90 91 92 _F has “ place. behavior that includes sexual abuse. It means only that the customary customary the that only means It abuse. sexual includes that behavior totality the of a part is workplace particular a of it, in lack or “culture,” account into be taken to of circumstances VII Title that proposition for the stands dissent Ryan’s Judge Essentially, The shop floor is a rough and indelicate environment in which in which environment and indelicate is a rough floor The shop female a When norm. the behavioral not are manners school finishing a work into walks morality and sensibilities, civility, of ordinary personal rudeness, with suffused be tastelessly may that milieu crudeinsensitivity, do she must language, room and locker behavior, against legislated not has Congress that understanding the so with say to not is That environment. workplace a and such such behavior hostile for liability from immune is employer an that a moment for or shop factory in the occurring sex discrimination environment work is environment because the simply and so “severe is harassment claimed of the and extent nature to become is, it as such workplace, the caused has it that pervasive” with permeated protection from the law than women working in a courthouse. working women than the law from protection a victimized that requirement any dismissed decision majority the While LARK view: “totality of the circumstances,” improperly eliminated consideration of “the of “the consideration eliminated improperly circumstances,” of the “totality environment.” workplace the of character and nature endure a certain level of coarseness when the social context is historically historically is context social the when coarseness of level a certain endure hostile. Ryan reaffirmed his belief that that belief his reaffirmed Ryan should not be interpreted to require a higher level of civility in workplace civility of level a higher require to not be interpreted should a certain encompasses naturally context the social where environments coarseness. of level 2015] 2015] employee establish a stronger opinion dissenting Ryan’s Judge hostile, historically is environment holding. the majority’s rejected expressly C 36889-stc_28-2 Sheet No. 11 Side A 12/02/2015 12:39:44 A 12/02/2015 11 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 11 Side B 12/02/2015 12:39:44 (Oct. OST OST [Vol. 28:2 [Vol. .P ASH ,W environments. environments. , highlight the the , highlight ” cited above, the work work the above, cited Williams ASKETBALL blue collar blue B “ Gross and and OVE AND OVE AND s dissent in in s dissent ’ L Jury Rules Thomas Harassed Woman Harassed Rules Thomas Jury Rabidue AIR IN AIR clearly holds that the social context is a key is a key context social the holds that clearly F ) 11/25/2015) 10:44 AM LL IS LL Oncale . ELETE and JudgeRyan D III. A OT N In February 2006, Browne Sanders was fired from her job job her from fired was 2006, Browne Sanders February In O In response, Sanders contended that she was fired from the the from she was fired that contended Sanders response, In Rabidue 93 94 Rabidue JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL and and _28.2 (D In December 2007, Sanders, a former senior executive with the York New Knicks, settled a Lee, Michael & Shulman Robin , INAL 93 94 _F Gross The sexual discrimination case filed by Anucha Browne Sanders against against Sanders Browne Anucha by filed case discrimination sexual The Gross LARK former NBA star Isiah Thomas and the New York Knicks provides a useful a useful provides Knicks York and the New Thomas Isiah star NBA former case this Although change. possibly can context of how the social example nonetheless, it favor, plaintiff-employee’s the in resolved ultimately was the in “ballin of conception my of example excellent an provides boardroom.” in consideration in evaluating the totality of the circumstances in all hostile hostile in all the circumstances of totality the in evaluating consideration social the that open left is a possibility Thus, claim. environment work the to reflect change can environment professional a traditionally of context a of context social the Arguably, environment. collar blue a of context could composition, right the with environment, collar or white boardroom that environment of workplace type coarse the more mirror observed courts place environments can best be described as as described be best can environments place harsh reality that in determining whether a victimized employee can can employee victimized a whether determining in that reality harsh the consider will a court environment, work of hostile a claim establish certain a encompasses context such if and place the work of context social establishing time difficult a more have will a plaintiff coarseness, of level proposition the for stand clearly cases these Moreover, discrimination. endure to required be may women environments, place work in some that, a reality, on this Based context. in other be offensive may that conduct – exists question critical place environment of a work context the social can of tolerable more be to women require would that a way in change both In conduct. inappropriate of level a certain should expect a woman articulated, And as both courts limited case neither However, environments. collar blue in coarseness blue collar involving cases to standard coarseness the of application Moreover, workers. 140 C sexual harassment suit against Madison Square Garden (“MSG”), its owner, James Dolan, and the New New the and Dolan, James owner, its (“MSG”), Garden Square Madison against suit harassment sexual York Knicks’ former headcoach and PresidentBasketball of Operations, Isiah Thomas. Prior to the settlement, Sanders had obtainedjury verdict her in favor that awarded her 11.6 million dollars was in case the damages, compensatory her regarding a determination before however, damages; punitive amount. undisclosed an for settled as the Knicks’ senior Vice President for Marketing and Business and Business Marketing for President Vice senior Knicks’ as the Operations. 3, 2007), http://www.washingtonpost.com/wp-dyn/content/story/2007/10/02/ST2007100201255.html. http://www.washingtonpost.com/wp-dyn/content/story/2007/10/02/ST2007100201255.html. 3, 2007), 36889-stc_28-2 Sheet No. 11 Side B 12/02/2015 12:39:44 B 12/02/2015 11 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 12 Side A 12/02/2015 12:39:44 , In 102 141 AILY (Oct. (Oct. MSG MSG ,D 100 At that 95 ODAY 98 According to to According ,USAT 96 Similarly, during during Similarly, 99 Sanders recalled one 97 , ESPN PM), 5:18 2007, 27, (Sept. 104 In fact,In according to Browne, Mills’ 103 ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM THE IN BALLIN A Former Boss Says that Browne Sanders Resigned from the Garden from Resigned Sanders Browne that Says Boss A Former Browne-Sanders Slams Isiah Thomas in Sex-Harass Lawsuit in Sex-Harass Thomas Isiah Slams Browne-Sanders Idiot’s Guidethe to Isiah Trial ELETE D “I don’t give a fuck about these white people.” white these about a fuck don’t give “I Verdict in Thomas Trial May Send Message to Sports World Sports to Message Send May Trial Thomas in Verdict OT N O 101 . . Bill Simmons, Id. Id. Richard Sandmir, Id. _28.2 (D (Sept. 20, 2007), http://www.nytimes.com/2007/09/20/sports/basketball/20msg.html. 2007), 20, (Sept. Thomas Zambito, Id. Id Id Tom Hays, INAL (Sept. 12, 2007 4:00 AM), http://www.nydailynews.com/sports/basketball/knicks/browne- AM), 4:00 2007 12, (Sept. IMES 98 99 100 101 102 103 104 95 96 97 _F Thomas’s conduct is a clear example of “ballin in the boardroom,” as he he as boardroom,” in the “ballin of example clear a is conduct Thomas’s EWS LARK Sander’s lawyers, her workplace environment was chaotic as evidenced by by as evidenced chaotic was environment workplace her lawyers, Sander’s ‘ho’ and as ‘bitch’ Sanders Browne address could “Thomas that the fact and intern an bed could Marbury Stephon guard star it; with away and get against up rules draw could upper management Thomas; by be coddled still them.” enforce to and fail harassment sexual only response was that she should not attempt to file a sexual harassment harassment a sexual file to attempt not should she that was response only Browne that a rumor spread would Thomas because Thomas against claim employee. MSG another with affair had an incident that occurred during a community event at the Knicks practice practice Knicks the at event a community during occurred that incident bike the into her and pulled arm Sanders’ grabbed Thomas where facility tired. were the players that complaining at the Garden, room sanders-slams-isiah-thomas-sex-harass-lawsuit-article-1.247237. N used the inappropriate banter and verbal abuse that is typified on the the on typified is that abuse and verbal banter inappropriate used the Thomas the in court the While setting. an executive in court, basketball Browne’s situation became even more frustrating when she reported reported she when frustrating more even became situation Browne’s to failed and he Mills, Steve president, MSG to harassment Thomas’s resolution. reasonable any provide 2015] 2015] complaint. harassment sexual a filing for retaliation in organization C point, Thomas replied that “We’re not going to do any more of these of these more any to do going not “We’re that replied Thomas point, games,” basketball fucking here to win . I’m . . events. community fucking to do. trying up what I’m to fuck not going and you’re argued that she was legitimately “fired for incompetence and interfering interfering and for incompetence “fired legitimately she was that argued complaint.” the of investigation organization’s the with 3,2007, 5:28 PM), http://usatoday30.usatoday.com/sports/basketball/2007-10-03-2883058112_x.htm. another incident, Sanders recalled giving Thomas what she called a “cheat “cheat a called she what Thomas giving recalled Sanders incident, another – marketing for sheet” information key held that card laminated small a community holders, season-ticket about and sponsors. programs, N.Y. T http://sports.espn.go.com/espn/ page2/story?page=simmons/070927. response Thomas replied, “Bitch, I don’t give a fuck about the [season [season about the a fuck don’t give I “Bitch, replied, Thomas response subscribers].” 36889-stc_28-2 Sheet No. 12 Side A 12/02/2015 12:39:44 A 12/02/2015 12 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 12 Side B 12/02/2015 12:39:44 [Vol. 28:2 [Vol. According According 105 (Mar. 12, 2008), http://www.elle.com/life-love/sex- 12, 2008), (Mar. LLE LLE 107 ONCLUSION ,E C Game On ) 11/25/2015) 10:44 AM Thomas couldn’t get couldn’t Thomas ELETE D 106 OT N O JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL Maureen Holohan, Holohan, Maureen Id. Id. _28.2 (D INAL 105 106 107 _F Hip-hop culture substantially affects the way its proponents interact on on interact its proponents the way affects substantially culture Hip-hop along with Anucha [Sanders], because here’s someone who’s not only only not who’s someone here’s because [Sanders], Anucha with along Many . . . does. he what dictate to needs respects some in but an equal career basketball in his with interacted he’s [Thomas] of the women . . . trail who for the groupies known Sanders]. . [are] Browne [stated reason, different a very for there were . . Sanders of best the to [Whereas, . sports [P]rofessional . . city. to city from players woman African-American the highest-ranking was she knowledge,] Thomas, and Sanders between conflict of the examination Upon further Thomas had ever worked with. worked ever had Thomas LARK to Hernandez, Sanders “with her proper speech and bearing, at some level level some at bearing, and speech proper her “with Sanders to Hernandez, or rankled that presence’ corporate a ‘white Thomas for embodied him.” intimidated the “streets” as well as in the “boardroom.” Hip-hop culture is no longer longer is no culture Hip-hop “boardroom.” the as in well as the “streets” it is evident that the crux of Thomas’ harassment stemmed from his failure failure his from stemmed harassment Thomas’ of crux the that evident it is Instead, environment. workplace his of culture corporate the to to adapt the boardroom. into court basketball of the context the social took Thomas he interacted way the between no real distinction there was For Thomas, as an his capacity and player as an NBA capacity in his women with a with woman educated highly was Sanders that fact for the But executive. of be representative would story her empowerment personal of sense strong are who workplace in the experience women many that the narrative the apply that jurisdictions in Moreover, conduct. such report to reluctant highly is it although harassment, of claims analyzing in standard coarseness been have may claim her prevailed, still have would Ms. Sanders that likely the workplace of nature the of because to establish difficult more slightly it. entered Thomas once eroded had environment 142 Sanders to destroy conduct inappropriate Thomas’s allow not case did less had have may such result for discrimination, a claim to establish ability credibility, Sander’s to do with more and context the social to do with George As of empowerment. sense and personal strength education, actions Thomas’s remarked, Hernandez, Tanya professor, law Washington Sanders. by intimidated he was occurred because have may C relationships/game-on-6. 36889-stc_28-2 Sheet No. 12 Side B 12/02/2015 12:39:44 B 12/02/2015 12 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 13 Side A 12/02/2015 12:39:44 143 COM COM COM . . . and Lil ZLYRICS ZLYRICS ZLYRICS 111 . 5, 2014). Head Ya “Keep . 5, 2014). Webbie’s Lil In CT CT . 5, 2014). “Black girl lost”isa CT Tupac’s, “Keep YaHead , http://rap.genius.com/De-la-soul-millie- 109 ENIUS G AP Thug Life: Hip-Hop’s Curious Relationship with . 5, 2014). “Mille Pulled a Pistol on Santa”is hip-hop a . 515, 517-25 (2010). (“The genuine power and robust and robust power genuine (“The (2010). 517-25 . 515, CT EV The fundamental message in each of the the of in each message fundamental The L. R 112 With hip-hop’s increased influence, comes an an comes influence, With increased hip-hop’s ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM THE IN BALLIN LARA C 108 ELETE D ANTA ANTA OT N O , 50 S , 50 Lil Webbie, Independent, A Independent, Webbie, Lil Andre Douglas Pond Cummings, Cummings, Pond Douglas Andre A Lost, Girl Nas, Black Tupac, Keep Ya Head Up, A Soul,MillieDe La PulledPistol, A R De La Soul’s, “Millie Pulled a Pistol on Santa,” Pistol a Pulled “Millie La Soul’s, De _28.2 (D INAL 110 112 108 109 110 111 _F LARK influence of hip-hop and its generation was on clear display during the 2008 presidential election. election. presidential 2008 the during display clear on was generation its and hip-hop of influence President Barack Obama was fueled to victory in the historic 2008 election by many various supporting constituencies; one of the mostimportant, whichdrove Obama to the most powerful position in the world, was the hip-hop generation.”). classic, by De La Soul, that tells the story of a teenage girl that kills her father because he molested and and molested he because father her kills that girl a teenage of story the tells that Soul, La De by classic, aid to her came one no but help, for others to out reach to attempted Millie her. abused physically because no one believed thatherfather, a highly regarded social worker, was would father her While hands. own her in to destiny took Millie ears, deaf commit on fell such help acts. for pleas her After him confronts she children, local the for Clause Santa playing by store Macys local the at volunteering his for pleads he father, her at a gun points Millie As her. against perpetrated has that he evils the about admissions his However, daughter. his against committed he that transgressions the to admits and life hurtMillie even deeper and she shoots andkills him. Up,” is largely considered one of the most positive and uplifting hip-hop songs about black women. In In women. black about songs hip-hop uplifting and positive most the of one considered largely is Up,” men black that and advocates women black of mistreatment blatant the about raps Tupac song, this offer them a substantially higher level of respect. Criminal Justice http://www.azlyrics.com/lyrics/webbie/independent.html (last visited O visited (last http://www.azlyrics.com/lyrics/webbie/independent.html http://www.azlyrics.com/lyrics/2pac/keepyaheadup.html.(last visited O visited http://www.azlyrics.com/lyrics/2pac/keepyaheadup.html.(last track on Nas’s classic album, “It was Written.” In this song, Nas chronicles a series of cautionary tales tales cautionary of a series chronicles Nas song, this In Written.” was “It album, classic Nas’s on track their devaluing into misguided become have who hood the from adolescents female various about womanhood. http://www.azlyrics.com/lyrics/nas/blackgirllost.html.(last visited O visited http://www.azlyrics.com/lyrics/nas/blackgirllost.html.(last 2015] 2015] transcended has it corner; street urban the of context cultural to the limited and corner street on every and observed heard be can now and roots its of influence, accumulation hip-hop’s of evidence As in America. office the to limited initially was that genre a music from up grown has hip-hop America’s electing in role a significant to playing of New York, boroughs president. black first C increased responsibility. No longer can hip-hop merely depict a narrative a narrative depict merely hip-hop can longer No responsibility. increased fundamental of the One Jezebels. as are characterized women black where of essence the At it Real.” “Keeping of the idea is music hip-hop of tenants of its the stories tell and depict accurately must the music is that this idea, are stories these of some that is notion of this reality harsh The disciples. hip-hop in figure is a realistic Jezebel of the the notion While derogatory. of percentage overwhelming the of depiction accurate an is not it culture, it that extent to the real” it to “keep fails Hip-hop in hip-hop. women Webbie’s “Independent.” Webbie’s Up,” portrays the Jezebel as the central female narrative. As part of hip-hop’s hip-hop’s of As part narrative. female central the as Jezebel the portrays pulled-a-pistol-on-santa-lyrics (last visited O maturation process, it must do a better job of dispelling this myth. Hip-hop Hip-hop this myth. dispelling job of do a better must it process, maturation needs women. Hip-hop dynamic of hip-hop’s the stories tell must music more songs like Nas’s, “Black Girl Lost,” Girl “Black Nas’s, like songs more 36889-stc_28-2 Sheet No. 13 Side A 12/02/2015 12:39:44 A 12/02/2015 13 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 13 Side B 12/02/2015 12:39:44 [Vol. 28:2 [Vol. ) 11/25/2015) 10:44 AM ELETE D OT N O JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL _28.2 (D INAL _F In addition, hip-hop must endeavor to promote more positive female female positive more promote to endeavor must addition, hip-hop In LARK song entitled “Independent” he raps about his ideal woman - one who is college educated, financially financially educated, is college who - one woman ideal his about raps he “Independent” entitled song career. professional a has who and foundation spiritual a strong has viable, 144 songs These empowerment. of female one is songs aforementioned about black positively more to think community hip-hop the inspired the appreciate to women black inspired importantly, and more women worth. own self their of value were MC’s female central the infancy, hip-hop’s During lyricists. personal centricity, afro capacity, intellectual their by characterized of many Moreover, self-consciousness. of levels and high empowerment rappers feminist as be classified accurately could rappers female the early to gain sexuality their using without respect demanded whose persona’s n Pepa, Salt’ Melodie, Yo Yo, Ms. Queen Latifa, like Rappers attention. artists female of types the embodied Soulja and Sista Roxanne, Lyte, M.C. of hip-hop. beginning the at prevalent were that C 36889-stc_28-2 Sheet No. 13 Side B 12/02/2015 12:39:44 B 12/02/2015 13 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 14 Side A 12/02/2015 12:39:44 116 ,28 145 (Nov. 3, 2010), 3, 2010), (Nov. NE O EWS ,N 114 worth was “proved by her freestyle form form freestyle her by “proved was worth 115 Ladies First”: Queen Latifah’s Afrocentric Feminist Music Video Music Feminist Afrocentric Latifah’s Queen First”: Ladies ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM THE IN BALLIN Today, the females that are at the forefront of hip- of forefront the at are that females the Today, What Nicki Minaj Means to Black Women Black to Means Minaj What Nicki note 115. ELETE 113 D OT supra N O Robin Roberts, “ Roberts, Robin . 245 http://www.public.asu.edu/~kleong/queenlatifahfeminism.pdf. (1994), See Bradley, Regina female rapper.A Bradley, _28.2 (D EV .R INAL M 113 114 115 116 _F .A Back in the day, a femcees’ day, in the Back These feminist rappers created music that focused on promoting the the on promoting focused that music created rappers feminist These FR LARK http://newsone.com/842885/what-nicki-minaj-means-to-black-women/. hop are substantially different than their early counterparts. Instead of Instead counterparts. early their than different substantially are hop women, of black images positive reinforcing and creating on focusing Jezebel. the of idea the perpetuate to continue artist females day present in women visible the most rappers, of female wave earlier the “Unlike and make women black of notions stereotypical take hip-hop mainstream Female rappers Lil Kim and Nicki Minaj are generally “credited as the as the “credited generally are Minaj and Nicki Kim Lil rappers Female They generation. new the of persona sexual revolutionary the for catalysts intrinsic value of womanhood, that demanded equal treatment as well as as as well treatment equal demanded that of womanhood, value intrinsic to women for need the demonstrated that and women, for opportunity equal other. each support 2015] 2015] C A instead of her physical one. Unfortunately, as time marched on, femcees femcees on, marched as time Unfortunately, one. her physical of instead it.” about giving to spitting dwindled dome the top of the off rapping them profitable. Lil Kim, Foxy Brown, Trina, Khia and Jacki-O branded branded and Jacki-O Khia Trina, Brown, Foxy Kim, Lil profitable. them nasty.” freak the of peddlers as themselves 36889-stc_28-2 Sheet No. 14 Side A 12/02/2015 12:39:44 A 12/02/2015 14 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 14 Side B 12/02/2015 12:39:44 , , AW L [Vol. 28:2 [Vol. As a result of this lack of of lack this of a result As 120 119 Lil’ Kim and Foxy Brown- Caricature of Black Womanhood of Black Caricature Brown- Foxy and Kim Lil’ note 106. note ) 11/25/2015) 10:44 AM ELETE supra ACISM ANDTHE D OT N O The troubling part about the widespread fame of the new new of the fame widespread the about part Thetroubling Holohan, Moreover, “the new generation personifies what has perhaps perhaps has what personifies generation new “the Moreover, . . JOURNAL OF CIVIL RIGHTS & ECONOMIC DEVELOPMENT ECONOMIC & RIGHTS OF CIVIL JOURNAL 117 LoriTribbett-Williams, A. Id Id See _28.2 (D 118 INAL 117 118 119 120 _F ,R Finally, as hip-hop culture perpetuates a more positive image of black black of image positive more a perpetuates culture hip-hop as Finally, If hip-hop culture promotes more music that portrays black women in a in a women black that portrays music more culture promotes hip-hop If ACE LARK women, the possibility of the “ballin in the boardroom” mentality will will mentality boardroom” in the “ballin the of the possibility women, her assessment in Hernandez Tanya Professor by highlighted As dissipate. of is because women harass men some reason the of part Thomas, of Isiah power of in positions women black with dealing in experience limited their who value women with in dealing experience limited their of and because capacity. physical their beyond themselves experience, men who are influenced by the negative aspects of hip-hop hip-hop of aspects negative the by influenced are who men experience, consistent is that a manner in women black treat to likely are more music been the most destructive image of African-American womanhood, an an womanhood, of African-American image destructive the most been ‘live to tried for centuries have women American that African- image rappers, female emerging by as glorified image, Jezebel The down.’ of image a distorted projects and history from resurrected be to continues womanhood. African-American generation of female rappers is that they say “nothing lyrically, with with lyrically, “nothing say they that is rappers female of generation loud[ly], but talk women, of African-American status social to the respect rap female of the contemporary successful most the are among they since artists.” positive light and promotes more positive femcees, the detrimental effect effect detrimental the femcees, positive more promotes and light positive black way the influencing on has Jezebel of the image the that women perception this As improve. substantially will themselves perceive workplace in the women to black occurs that the victimization improves, conduct. harassing report to inclined more be will they because lessen will more and hear of power in positions women see other women black If they worth, self personal on their a value places that music less be will will they because and mistreatment harassment workplace to accept likely of idea the with inconsistent is conduct such that recognize better to be able black if self, glass looking the of idea Cooley’s with Consistent respect. and women black about narratives positive depicting hear music women culture, of hip-hop at the forefront women black empowered also observe empowerment. promotes that construct a positive create will reality such 146 there’ ‘barely their of because largely fame their established have fashions.” C http://racism.org/index.php?option=com_content&view=article&id=1287:gender04&catid=72&Itemid =215 (last visited Mar. 12, 2014). R 36889-stc_28-2 Sheet No. 14 Side B 12/02/2015 12:39:44 B 12/02/2015 14 Side Sheet No. 36889-stc_28-2 36889-stc_28-2 Sheet No. 15 Side A 12/02/2015 12:39:44 147 ) 11/25/2015) 10:44 AM BALLIN IN THE BOARDROOM IN BALLIN ELETE D OT N O _28.2 (D INAL _F LARK 2015] 2015] its meet successfully can culture hip-hop If Jezebel. of the idea the with will the boardroom” in “ballin that the likelihood responsibility, heightened isoccur lessened. C 36889-stc_28-2 Sheet No. 15 Side A 12/02/2015 12:39:44 A 12/02/2015 15 Side Sheet No. 36889-stc_28-2