“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
Hostile Work Environment
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.
By Nicole M. Conger on
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.…
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.
By Gregory A. Placzek on
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…
Blanket English-only policy that includes an employee’s personal time is evidence of hostile environment.
By Colin W. Walsh on
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…
Whether a transfer is a reasonable remedial action in hostile environment claim is a fact issue for the jury.
By Colin W. Walsh on
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…
Daily harassment, English only rule, name calling, and anxiety create fact issue as to whether term of employment was affected for hostile environment claim.
By Colin W. Walsh on
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…
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.
By CRANSOM on
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.).