Request For Coffee Brews Up Sex Discrimination Lawsuit

(Published August 15, 2008)

 

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription. 

 

Does expecting your female receptionist to bring you a cup of coffee perpetuate an outdated gender stereotype?  While you may think it is a legitimate job duty, the employee may think it is a demeaning servile task.

 

Steamed Over Coffee-Serving Duties 

Receptionist Carol Tuttle was sitting idly at her desk when her boss, senior manager Stan Keller, popped his head outside the doorway of his office.

 

"Carol, coffee, please? Light and sweet."

 

"I’m sorry, Mr. Keller, but the answer is no," replied Tuttle. "I don’t mind serving coffee or water to our clients when they come in, but I didn’t expect to have to wait on you hand and foot by making you coffee every day. I’d be happy to sit down and discuss this with you and the other managers."

 

"Carol, this is not open for debate," said Keller, coming out of his office with a frown. "During your interview for this position six weeks ago, I mentioned that getting coffee for me and the other senior managers would be one of your many responsibilities as company receptionist.

All of the other women we’ve had in here as receptionists over the years have done it without any complaint. Please don’t make an easy task a big deal," said Keller, seeming bewildered.

 

 "You and the other senior managers are all men!" Keller objected. "I find it demeaning and humiliating to be forced to serve you!"

 

Keller stared at her for a moment, then went back into his office and shut the door. Ten minutes later, Keller informed Tuttle she’d been terminated, effective immediately.

 

Grounds For A Hostile Work Environment Charge 

Tuttle claimed in court that she was subjected to a hostile environment because she was "compelled to perform servile tasks for her male supervisors," namely, get them coffee. She also claimed disparate treatment based on her gender.

 

A district court ruled in the company’s favor. While the expectations of the male managers may have been "rude, gauche, or undesirable," they didn’t violate federal or state anti-discrimination laws.

 

The hostile environment claim failed because the act of getting coffee is not, by itself, a gender-specific act, and there was no other evidence the supervisors engaged in demeaning or intimidating behavior or were motivated by an animus toward women.

 

The gender discrimination claim failed because Tuttle couldn’t argue that she’d been treated differently than similarly situated male employees; the receptionist position had always been held by a woman.

 

Keep Trouble From Brewing

Obviously, employers must not interpret this victory as carte blanche to treat female employees as domestic servants. After all, this case could have swung the other way if there had been an established pattern of sexism in the workplace.

 

As the court noted, the act of getting coffee, by itself, may not be a gender-specific act, but in the context of other indicators of sexism, getting coffee could evince a discriminatory intent.

 

Employees often complain about their least desirable job tasks. Sometimes, you just need to put your foot down. But before you do, make sure they don’t have a legitimate discrimination or harassment complaint.

 

Do be upfront with all job candidates and new employees as to what their duties will entail. Although you’re not expected to list (or even know) every single task an employee may be asked to perform, be as open as possible so there are no surprises.

 

Do assign tasks based on employees’ job descriptions, not based on their gender. Don’t assign servile tasks only (or mostly) to female employees.

 

Do ask yourself whether you’d have a man perform the same task if he were in the female employee’s job.

 

Don’t allow sexist behavior to occur, such as derogatory comments, lewd behavior, and requests to run personal errands.