CSX Transportation, Inc. v. Smith

I strongly disagree with the majority opinion. In hostile work environment sexual harassment eases, occasional vulgar banter “does not rise to the level of actionability until after there has been a significant accumulation of incidents.” Hanlon v. Chambers, 195 W.Va. 99, 112, 464 S.E.2d 741, 754 (1995). (Emphasis added).

The plaintiffs hostile work environment claim consisted of one boorish comment that she overheard during a telephone call. This single comment falls far short of the “significant accumulation” of offensive workplace conduct that Justice Cleekley discussed in Hanlon. Aside…