On July 5, 2017, Pennsylvania’s Judicial Conduct Board announced that Judge Michael R. Muth, a magisterial district judge for the East Stroudsburg Borough of Monroe County, Pennsylvania, is facing ethics charges after multiple court clerks complained about his viewing of pornography in his judicial chambers. Several court clerks claim that, while passing by Judge Muth’s desk over the last four years, they saw him watching videos and viewing pictures of women performing sexual acts on each other. Judge Muth’s computer was allegedly in plain view of the clerks passing by, and Judge Muth apparently made no attempts to hide what he was watching when a clerk entered his chambers.
Over half of working men, and one-third of working women, admit to watching porn on the job. Although no one has raised sexual harassment charges against Judge Muth, X-rated habits can lead to hostile work environment claims and sexual harassment claims under Title VII of the Civil Rights Act of 1964 (“Title VII”). In Patane v. Clark, the Second Circuit found that a plaintiff stated a hostile work environment claim where she observed her superior viewing pornography, handled pornography when opening her supervisor’s mail, and discovered that her supervisor had viewed “hard core” pornography on her own working computer. The presence of pornography in the workplace and plaintiff’s forced interaction with the pornography were enough for the Second Circuit to deem that the plaintiff adequately pled a hostile work environment claim based on sex.