Question
7. What if the plaintiff-employee, who is suing her employer, is guilty of eavesdropping? In a recent case, female firefighters filed employment discrimi-nation action against
7. What if the plaintiff-employee, who is suing her employer, is guilty of eavesdropping? In a recent case, female firefighters filed employment discrimi-nation action against city and individual defendants, asserting claims include hostile-environment sexual harassment and disparate-treatment discrimination. One plaintiff alleged that while assigned to a fire station, she became the object of severe harassment, consisting of repeated verbal assault and sexual innu-endo. When she reported this harassment to her superiors, she was rebuked for her part in precipitat-ing trouble in the work environment. Subsequent complaints about what she perceived as demeaning and hostile statements in her presence resulted in her being accused by the employer of eavesdropping. If the plaintiff is guilty of eavesdropping on her coworkers and/or supervisors, (1) should her testi-mony about what she heard be admitted at trial; and (2) if she was disciplined for eavesdropping, should this discipline be admitted as evidence of employer retaliation? [See Stachura v. Toledo, 177 Ohio App. 3d 481, 895 N.E.2d 202 (2008).]
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