Equal Opportunity Harasser
|The Equal Opportunity
Harasser Defense is a legal ploy in which the reverse discrimination
defendant claims he/she treated everyone equally badly without regard to race, gender or
In reverse discrimination lawsuits, judges and juries often have to wrestle with the question "Was it reverse discrimination, or was it merely bad behavior on the part of a boss or employer?"
That's because many companies defend themselves against reverse discrimination lawsuits by arguing that they mistreat everyone, not just whites, older males, and other non-preferred groups.
It has become a very common defense against reverse discrimination lawsuits.
There are a few limitations to the effectiveness of a defense based upon "equal opportunity harassment". For example, in the EEOC's eyes and in most court's eyes, it does not matter that the harasser treated everyone equally badly. What does matter if one or more of those who were treated badly belong to a "protected group" (women and minorities), and if the harassment was provably more frequent against white males or other non-preferred groups.
However, if the defendant employer can show that he/she treated BOTH men and women equally badly without regard to gender, or that he/she treated both whites and blacks equally badly without regard to race, then the defendant wins and the victim of the reverse discrimination loses.
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