Pornography and the Hostile Work Environment
GC New York
The article summarizes and analyzes the U.S. Court of Appeals for the Second Circuit case, Patane v. Clark and Fordham University. The article reviews the facts of the case and explains how courts have recognized that employees viewing pornographic material at work may be contributing to creating a “hostile work environment.” It also reviews other cases that have held pornography in the workplace can form the basis for sexual harassment lawsuits. Finally, the article provides steps for employers to take to prevent the kind of situation posed by the Patane case.