Where the record showed an employer acted promptly after its employee received three anonymous racist letters, and the response was reasonably calculated to end the harassment, the employer prevailed on the hostile work environment claim.
Background
Kimberly Washington, an African American, raises several claims against her employer, Offender Aid and Restoration of Charlottesville-Albemarle Inc., or OAR, stemming from her receiving three anonymous racist letters. OAR moves for summary judgment on all her claims.
Hostile work environment
Washington argues that OAR created a hostile work environment. To survive summary judgment on these claims, Washington must show “there is (1) unwelcome conduct; (2) that is based on the plaintiff’s [race, color, or gender]; (3) which is sufficiently severe or pervasive to alter the plaintiff’s conditions of employment and to create an abusive work environment; and (4) which is imputable to the employer.”
The parties dispute whether Washington has shown that a reasonable jury could find that the anonymous racist letters are imputable to OAR–element four. Under this element, an employer may be liable for a hostile work environment created by anonymous third parties “if it knew or should have known about the harassment and failed to take effective action to stop it by responding with remedial action reasonably calculated to end the harassment.”
The undisputed facts establish that OAR’s response to the anonymous letters was reasonably...
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