Takeaway: For sexual or racial harassment to be actionable, the conduct complained of need not be severe if it is pervasive. Use of racial slurs, even if undirected at anyone specific, can contribute to a hostile work environment.
A Black employee could go forward with her claims of hostile environment sexual and racial harassment, a federal appellate court ruled. The court overruled a trial court decision that the incidents cited by the employee, including frequent comments of a sexual nature, comments calling Black women derogatory names and one use of the "n-word" by an employee telling a story, were not enough to establish a hostile environment.
In 2006, the employee was hired as a salesperson at a life insurance company. She worked there for four years. She alleged that, during her time with the company, she was subjected to sexual and racial harassment sufficient to establish a hostile environment. She sued the company, but the trial court dismissed the harassment claims before trial, and the employee appealed.
Hostile Work Environment
The appeals court initially noted that for the employee to be able to proceed with hostile environment claims, she first must show that the employer discriminated against her because of her race and/or sex. Second, she must demonstrate that the discrimination was sufficiently severe or pervasive such that it altered the terms or conditions of her employment and created an abusive working environment.
To prove severity or...
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