|
Summary of Hostile Work Environment
|
|
What "Hostile Work Environment" Is
and What it Is Not
Simply an obnoxious boss or co-worker is not enough
- the hostile environment must be motivated by sex, race, color,
national origin or religion
Title VII's broad prohibitions against discrimination specifically cover
"hostile environment" when the hostile environment is motivated by animus based
upon sex, race, color, national origin or religion (the same prohibition applies
under different legislation for age, and disability)
Generally, the action of the few ignorant, arrogant or obnoxious employers that
is not motivated by the "suspect" classes referenced above will not support a
law suit. (In other words, a hostile environment created by an equal
opportunity SOB is not
against the law)
In the event that a person has made false statements defaming of another's
character, there may be a cause of action for defamation/libel. In the work
place, the person has a qualified privilege--that is they will not be liable for
statements made to persons who have a reason to know, provided the statements
were not knowingly false.
Finally, keep in mind that UNLESS you complain about one of the suspect
classifications, alleging discrimination based upon sex, race, color, national
origin, religion, age, or disability, etc. your employer may terminate you for
complaining, or for no reason at all (called at-will employment). (Unless
otherwise covered by a contract, including but not limited to a collective
bargaining agreement)
Proving a Hostile Work Environment
To prove a prima facie case of hostile work environment based on racial harassment, a plaintiff must show:
1) there was unwelcome harassment;
2) the harassment was based on sex, race, color, national origin or religion;
(age or disability -
under different statutes)
3) the harassment was so severe or so pervasive that it altered the conditions of employment and created an abusive atmosphere; and
4) there is some basis for imposing liability on the employer.
Causey v. Balog, 162 F.3d 795, 801 (4th Cir. 1998). In determining if the third element of the prima facie case is met, the Court must consider the
frequency and severity of the harassment, whether it was physically threatening or humiliating, whether it reasonably interfered with work performance, and whether it resulted in physical harm.
Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 126 L. Ed. 2d 295, 114 S. Ct. 367 (1993).
A mere utterance "'which engenders offensive feelings in an employee'" does not satisfy the element.
Id. (quoting Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 67, 91 L. Ed. 2d 49, 106 S. Ct. 2399 (1986)). The severity
of the harassment should be judged from "the perspective of a reasonable person in plaintiff's position, considering 'all the circumstances.'"
Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81, 140 L. Ed. 2d 201, 118 [*455] S. Ct. 998 (1998) (quoting Harris, 510 U.S. at 23).Greene v. Swain County P'ship for
Health, 342 F. Supp. 2d 442, 454-455 (D.N.C., 2004) Far more than a
"mere offensive utterance," the word "nigger" is pure
anathema to African-Americans. "Perhaps no single act can more quickly
alter the conditions of employment and create an abusive working environment
than the use of an unambiguously racial epithet such as 'nigger' by a supervisor in the presence of his
subordinates." Rodgers v. Western-Southern Life Ins. Co., 12 F.3d 668, 675
(7th Cir. 1993) (citation and internal quotation marks omitted).White
v. BFI Waste Servs., LLC, 375 F.3d 288, 298 (4th Cir., 2004) Some words
are so offensive that, when uttered repeatedly,
they can foster "an abusive working environment" even if they are not
accompanied by threat of physical injury. Spriggs, 242 F.3d at 185. The
presence of race-based physical threats undeniably strengthens a hostile work
environment claim. The absence of such, however, is in no way dispositive, when
there is sufficient evidence from which a reasonable jury could conclude that
allegedly harassing conduct was otherwise "humiliating." See Harris
v. Forklift Sys., Inc., 510
U.S.
17, 23, 126 L. Ed. 2d 295, 114
S. Ct.
367 (1993).
See Title VII Summary
Discrimination Q & A
|
FOUR YEAR STATUTE OF LIMITATIONS FOR HOSTILE WORK ENVIRONMENT
BASED UPON RACE
The U.S. Supreme Court held that claims arising
under the 1991 amendments to section 1981 are governed by the four-year
federal statute of limitations set forth in 28 U.S.C. § 1658. Jones
v. R.R. Donnelley & Sons Co., 158 L. Ed. 2d 645, 124 S. Ct. 1836 (2004).
Section 1981 claims based upon conduct occurring after the formation of an
employment contract, including hostile work environment claims and claims of
discrimination in compensation arise under the 1991 amendments.
White v. BFI Waste Servs., LLC, 375 F.3d 288, 300 (4th Cir., 2004).
James v. Circuit City Stores, Inc., 370 F.3d 417 (4th Cir. 2004).
|
|