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Category Archives: Hostile Work Environment

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To prove constructive discharge, Plaintiff must demonstrate a greater severity or pervasiveness of harassment than the minimum required to prove a hostile working environment.

Posted in Hostile Work Environment
“Plaintiff contends that DHS, through its discrimination and harassment, constructively discharged him. Plaintiff resigned in September 2008. Given that it has determined that a genuine dispute of material fact exists as to Plaintiff’s hostile work environment claim, and in light of other conduct by Defendant’s employees, the court concludes that a genuine dispute of material exists… Continue Reading

regular pattern of frequent verbal ridicule or insults sustained over time can constitute severe or pervasive harassment sufficient to violate Title VII.

Posted in Hostile Work Environment
“In the interrogatories, Plaintiff states that Wood called him a “wetback”on five different occasions: (1) April 21, 2008; (2) May 29, 2008; (3) June 21, 2008; (4) July 10, 2008; and (5) August 8, 2008. Wood also told Plaintiff that “Salvadorans are liars” on July 8, 2008. Given the number of times these racial comments were… Continue Reading

A jury may reasonably conclude that Defendant failed to establish the Ellerth /Faragher defense when an employer has failed to exercise reasonable care to prevent and correct promptly any harassing behavior.

Posted in Hostile Work Environment
“[Defendant] argues…that it had an Equal Employment Opportunity policy, the jury could have believed…that the policy was not followed.  At trial, the jury heard evidence that in response to the EEOC’s request for information, [Defendant] produced affidavits stating that [Plaintiff] never complained….  The jury heard and saw evidence and testimony demonstrating that this was false. … Continue Reading

An employee can create a hostile work environment for their supervisor.

Posted in Hostile Work Environment
“The record shows that Plaintiff’s subordinate made an anonymous complaint against Plaintiff allowing other individuals to steal money and time from Defendant. The subordinate then filed a grievance against Plaintiff complaining that since she was hired for the position he had harassed her, wrote her up, investigated her and yelled at her in front of… Continue Reading

A single act of harassment by a supervisor need not be severe and pervasive to create a hostile work environment, especially when an employer relies on unbinding authority.

Posted in Hostile Work Environment
“In determining if conduct is ‘severe and/or pervasive,’ the Court should consider the totality of the circumstances, ‘including the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance.”  Stewart v. Caton, Civ. No. 13-823, 2013… Continue Reading

In a sex discrimination case, an employee’s burden to survive an employer’s motion to dismiss is by sufficiently pleading a Title VII based hostile work environment claim.

Posted in Hostile Work Environment
“[I]n the present matter, the Court finds that Stewart alleges facts sufficient to state a claim.  Stewart alleges that Caton lifted her shirt and touched her breasts, installed cameras to look down her shirt, and made repeated comments of a sexual and/or derogatory nature.” Stewart v. Caton, 2013 WL 4459981, at *7 (E.D. La. Aug.… Continue Reading

When the harassment is at the hands of two supervisors at different times, a plaintiff needs to prove that the employer knew or should have known of the harassment and did not take prompt remedial action, and the plaintiff is still able to use the continuing violation doctrine.

Posted in Hostile Work Environment
“As Dr. Vives alleges putatively harassing acts after February 3, 2009, she may sweep back in all of the harassment that she alleges has occurred during her time at Children’s.  It is possible that a jury could conclude the sustained pattern of conduct she alleges constitutes severe and pervasive harassment.  It is also possible a… Continue Reading

Blanket English-only policy that includes an employee’s personal time is evidence of hostile environment.

Posted in Hostile Work Environment
“As discussed previously, the evidence suggests that although the memorandum articulated safety as a justification for limiting Spanish use, Anderson nevertheless prohibited the use of Spanish in the kitchen at all times.  Thus, there also exists a genuine issue of material fact as to whether Anderson effectively instituted a ‘blanket policy’ prohibiting the use of… Continue Reading

Whether a transfer is a reasonable remedial action in hostile environment claim is a fact issue for the jury.

Posted in Hostile Work Environment
“However, whether Plaintiff unreasonably failed to take advantage of such remedial measures by declining to take the transfer due to the distance is disputed, and properly left to determination by the trier of fact. Thus, summary judgment is not appropriate on this point.” Garcia v. Garland Ind. Sch. Dist., No 3:11-cv-502-N-BK, 2013 WL 5299264 at… Continue Reading

Daily harassment, English only rule, name calling, and anxiety create fact issue as to whether term of employment was affected for hostile environment claim.

Posted in Hostile Work Environment
“Plaintiff averred that the ridicule and name calling occurred on a daily basis.  She stated Anderson, specifically, ridiculed her daily, calling her a ‘crybaby’ after she became upset about being ridiculed, assigned her more tasks than the other non-Hispanic employees, and made fun of her Spanish accent.  These actions, coupled with Anderson’s alleged prohibition of… Continue Reading

There is a genuine issue of material fact as to whether sniffing and hovering over a woman, by two men, in a small, confined space creates a hostile work environment.

Posted in Hostile Work Environment
“Relevant factors are ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Royal v. CCC & R Tres Arboles, 736 F.3d 396, 402 (5th Cir. November 21, 2013) (Jolly, J.).… Continue Reading