A category of discrimination that does not yet have federal protection is discrimination on the basis of weight. Weight discrimination in the workplace is quite prevalent but remains unprotected nearly everywhere in the U.S. One troubling 2023 survey by the Society for Human Resource Management revealed that half of
Hostile Work Environment
The Law on Love
Valentine’s Day is a tricky day in the office. It’s a day that is about celebrating love when the office is often expressly not. This then makes the question “how can I safely celebrate” more important. Thankfully, this situation has laws that can help navigate this time.
Since February…
Houston, We Have a Problem: Understanding Hostile Work Environments and Employee Rights”
Within the past years we have seen a surge in awareness concerning workplace harassment and discrimination, but many workers still grapple with identifying and combating a hostile work environment.
Under Texas laws, a hostile work environment occurs when an individual or group of individuals’ actions or behavior creates an intimidating, offensive…
Say Yes to the Dress…Code?
Discriminatory work dress codes are a contentious issue in many workplaces. Dress codes may unfairly target certain groups of employees based on their gender, race, religion, disability, or other personal characteristics. These dress codes can take many forms, such as: requiring women to wear high heels, dresses, or makeup; banning…
To prove constructive discharge, Plaintiff must demonstrate a greater severity or pervasiveness of harassment than the minimum required to prove a hostile working 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…
regular pattern of frequent verbal ridicule or insults sustained over time can constitute severe or pervasive harassment sufficient to violate Title VII.
“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…
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.
“[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. …
An employee can create a hostile work environment for their supervisor.
“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…
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.
“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…
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.
“[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.…