Question: A construction company was sued for harassment when it failed to take seriously the complaints about offensive graffiti scrawled on rented portable toilets. The employer

A construction company was sued for harassment when it failed to take seriously the complaints about offensive graffiti scrawled on rented portable toilets. The employer defended by saying
(1) Employees should be used to such rude and crude behavior;
(2) The employer did not own or maintain the equipment, which came with graffiti already on it;
(3) It took action after a formal employee complaint; and
(4) The graffiti insulted everyone. Will the defenses be successful? [Malone v. Foster-Wheeler Constructors, 21 Fed. Appx. 470 (Westlaw) (7th Cir. 2001) (unpub. opinion).]

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