B) As she explained, she was not the only co-worker who didn't like it.
C) If I walk into a frat party and see something abusive, unsafe, non-consensual, or illegal, you bet I'll speak up. Because hi, I'm a citizen, and that's not the kind of country I want.
D) If I merely don't like the frat party, I will indeed walk right back out. Total time invested: 60 seconds. Harm to my professional reputation: zero. Can you see that's different than forcing somebody out of a job?
E) She made no demands and did not force anybody to do anything. They put up a bot; she put up a bot.
I have never worked at a company in which the workplace culture really achieved anything like the kind of professionalism my peers in other fields seem to have, but that's irrelevant to the law. If your workplace is perceived hostile, the onus is on the employer to fix it, or face legal repercussions. If you and your two friends form a startup and make life hard on your first employee, that means you--there is no "oh, but if you're a software startup, then your culture is more important" clause.
I think we should endeavor to appreciate the broadness of this protection rather than complain about having to grow up just because in our particular industry, we haven't had to yet. If you still need an outlet for your "culture," form a private club (analogous to a frat) and invite your buddies from work, but keep it out of the workplace.
http://www.merriam-webster.com/dictionary/analogy http://dictionary.reference.com/browse/analogy
Also, startups may have unique cultural requirements, but putting up with a hostile work environment is not one of them. Not under US law, anyhow.
e.g. Peanuts are to elephants as bananas are to monkeys. Peanuts are not being compared to bananas, and elephants are not being compared to monkeys.
The workplace was not being compared to a frat house. What's being compared is the decision a person would make about those environments: if you don't like it, don't join.
If the comparison is between my reaction to some behavior in a frat house I just walked into versus my reaction to some behavior at my company, then my reaction/decision process falls out of the equation. Then the plausible comparisons I can see are: A) frat house party <-> workplace, B) some random place <-> place I am committed to, or C) private club <-> place of employment.
I'm pretty sure he meant A, as B and C don't make much sense for his argument.
It was the company culture to have fun with a joke aimed at nobody in particular (sex is not sexistic). A bad, unfunny joke but a joke nontheless.
One person decieded she did like it and ruined it for everybody.
If you show up to a frat house party and don't like it, do you demand that the others change their behavior to something that isn't rude or do you leave?
She essentially demanded that everybody else acted a new way just to please her and when she was refused forced them to.