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Hostile Work Environment
A hostile work environment claim requires proof
(1) membership in a protected group; (2) harassment (3) based on a factor rendered impermissible by Title VII; (4) the harassment affected a term, condition, or privilege of employment; and (5) the employer knew or should have known of the harassment yet failed to address it promptly.
Hernandez v. Yellow Transp., Inc., 670 F.3d 644, 654 (5th Cir. 2012).
If the harasser is plaintiff's supervisor, though, and not a co-worker, liability depends on certain other
If the supervisor's harassment culminates in a tangible employment action, the employer is strictly liable. But if no tangible employment action is taken, the employer may escape liability by establishing, as an affirmative defense, that (1) the employer exercised reasonable care to prevent and correct any harassing behavior and (2) that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.
Vance v. Ball State Univ., 133 S. Ct. 2434, 2439 (2013). Mitchell v. UTLX Manufacturing, LLC, (5th Cir. 2014).
Title VII is violated when "the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." Mendenhall v. Mueller Streamline Co., 419 F.3d 686, 691 (7th Cir.2005) (quoting Harris v. Forklift Sys. Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)). "An actionable hostile environment claim requires the plaintiff to (1) that the work environment was both subjectively and objectively offensive; (2) that the harassment was based on membership in a protected class; (3) that the conduct was severe or pervasive; and (4) that there is a basis for employer liability." Id. The factors that we may consider in deciding whether the environment is hostile include "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." Id. (quoting Harris, 510 U.S. at 23, 114 S.Ct. 367). Alexander v. Casino Queen, Inc., 739 F. 3d 972 (7th Cir. 2014).
To avoid summary judgment on a hostile work environment claim, a plaintiff must provide sufficient evidence to create a genuine issue of material fact as to [the] four elements. Chaib v. State, 744 F. 3d 974 (7th Cir. 2014).
. . .
(1) membership in a protected group; (2) harassment (3) based on a factor rendered impermissible by Title VII; (4) the harassment affected a term, condition, or privilege of employment; and (5) the employer knew or should have known of the harassment yet failed to address it promptly.
Hernandez v. Yellow Transp., Inc., 670 F.3d 644, 654 (5th Cir. 2012).
If the harasser is plaintiff's supervisor, though, and not a co-worker, liability depends on certain other
If the supervisor's harassment culminates in a tangible employment action, the employer is strictly liable. But if no tangible employment action is taken, the employer may escape liability by establishing, as an affirmative defense, that (1) the employer exercised reasonable care to prevent and correct any harassing behavior and (2) that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.
Vance v. Ball State Univ., 133 S. Ct. 2434, 2439 (2013). Mitchell v. UTLX Manufacturing, LLC, (5th Cir. 2014).
Title VII is violated when "the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." Mendenhall v. Mueller Streamline Co., 419 F.3d 686, 691 (7th Cir.2005) (quoting Harris v. Forklift Sys. Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)). "An actionable hostile environment claim requires the plaintiff to (1) that the work environment was both subjectively and objectively offensive; (2) that the harassment was based on membership in a protected class; (3) that the conduct was severe or pervasive; and (4) that there is a basis for employer liability." Id. The factors that we may consider in deciding whether the environment is hostile include "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." Id. (quoting Harris, 510 U.S. at 23, 114 S.Ct. 367). Alexander v. Casino Queen, Inc., 739 F. 3d 972 (7th Cir. 2014).
To avoid summary judgment on a hostile work environment claim, a plaintiff must provide sufficient evidence to create a genuine issue of material fact as to [the] four elements. Chaib v. State, 744 F. 3d 974 (7th Cir. 2014).
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1288 pages, Kindle Edition
First published January 22, 2015
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