Thursday, April 21, 2016

Eye rolls might be passive-aggressive b.s., but they are not actionable harassment

Me: “Clean your room.”
Daughter: (rolls eyes)

Me: “Pick your clothes up off the bathroom floor.”
Daughter: (rolls eyes)

Me: “If you don’t like what I pack you for lunch, pack your own.”
Daughter: (rolls eyes)

Me: I’m not a huge fan of the age of almost 10. The pre-teen, I-know-everything, don’t-bother-me. Yes, I know it gets better, and, yes, I’m sure I was just as bad, if not worse (no comments from the Mom and Dad peanut gallery, please).

Eye rolls are annoying, passive-aggressive bulls---. But, are they actionable as sexual harassment?

Thankfully, according to the 8th Circuit Court of Appeals in Kelleher v. Wal-Mart Stores, the answer is no.
Kelleher herself states that management was “abusive with a lot of people,” and she does not identify any discriminatory statements made to her. “[R]andom `looks’” and eye rolls in Kelleher’s direction may be unpleasant to tolerate but, without more, they are not sufficiently severe to affect the terms, conditions, or privileges of Kelleher’s employment. They do not, therefore, rise to the level of harassment.
Me: “I loooooooooooove you”
Daughter: (zerbert)

[Hat tip: Eric Meyer]