Hostile Work Environment Archives - Kollman & Saucier P.A.

Penn State Faces Harassment Claims Based On Anti-Racism Initiatives

Kollman & Saucier

01/22/2024

Employment Discrimination, First Amendment Protections, Hostile Work Environment, Race Discrimination, Retaliation

Diversity, equity, and inclusion (DEI) initiatives have grown more prevalent in recent years (yes, this is stating the obvious). These efforts have their detractors. A Google search of DEI will reveal sample DEI initiatives, anti-racism trainings, and the efforts some have taken to criticize and stop such efforts. Penn State University’s Abington campus, for example, is being sued by a former faculty member who alleges that he was subjected...

Vincent Jackson

12/29/2023

Employment Discrimination, Hostile Work Environment, Race Discrimination, Retaliation

A recent case from the Second Circuit presented an interesting fact pattern for law enforcement employers facing claims of discrimination by stereotype. In Hanks v. City of Syracuse, a black police officer who was denied an assignment to a prestigious gun violence task force brought suit for race discrimination under Title VII, hostile work environment, and retaliation. The District Court dismissed the case for failure to state a claim, which the...

Kollman & Saucier

08/03/2023

Employment Discrimination, Hostile Work Environment, Sex Discrimination, Sexual Harassment, Sexual Orientation

To prevail on a hostile work environment claim under Title VII of the Civil Rights Act of 1964, a plaintiff must typically show that there is unwelcome conduct that is based on the plaintiff’s protected characteristic, which is sufficiently severe or pervasive to alter the plaintiff’s conditions of employment, and that the employment action is imputable to the employer. When considering whether there is a hostile work environment, courts look...

Kollman & Saucier

06/14/2023

Employment Discrimination, Hostile Work Environment, Sexual Harassment

Can an employer be liable for workplace harassment resulting from music with sexually graphic lyrics when both women and men find the music offensive? Last week, the Ninth Circuit Court of Appeals answered that question with a resounding “yes.” Sharp v. S&S Activewear, L.L.C., No. 21-17138 (9th Cir. June 7, 2023). The court had little trouble reversing the trial court’s decision that because employees of both sexes found the music...

Vincent Jackson

05/18/2023

Gender Identity, Hostile Work Environment, Religious Discrimination, Sexual Orientation

A recent case from the Second Circuit illustrates the growing tension between religious discrimination claims and protection of LGBTQ rights under Title VII. In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, the Second Circuit affirmed a lower court’s decision granting summary judgment against an employee who alleged that, by being forced to attend mandatory LGBTQ anti-discrimination trainings, he was subject to religious discrimination. The...

Kollman & Saucier

05/01/2023

Agency Activity, EEOC, Employment Discrimination, Hostile Work Environment

The EEOC has issued guidance on “Promising Practices for Prevention and Addressing Harassment in the Federal Sector.” While the guidance provides recommended practices for federal government workplaces, it offers sound advice for other public sector and private sector employers. Here is a sampling of the EEOC’s recommendations that are applicable to other employers too: Annually issue and distribute to all employees, and prominently post,...

Kollman & Saucier

01/13/2023

Hostile Work Environment, Retaliation

In Laurent-Workman v. Wormuth, No. 21-1766 (4th Cir. 2022), the Fourth Circuit confirmed that Title VII's prohibition against retaliation for complaints about discrimination includes creating a hostile work environment as a category of prohibited retaliation. In the case, the employee had raised a claim of retaliatory hostile work environment amongst her list of claims against her former employer. The Supreme Court's decision in Burling Northern...

Kollman & Saucier

10/03/2019

Employment Discrimination, Hostile Work Environment, Legislative Developments, Restrictive Covenants, State Law

As of October 1, 2019, there are a series of new laws and/or amendments to existing laws that impact Maryland's workplaces and employers. These include: Significant FEPA Amendments: Maryland's anti-discrimination law, the Fair Employment Practices Act (FEPA), now includes independent contractors within the definition of employee entitled to FEPA's protections. Further, while FEPA generally applies to Maryland employers who have at least...

Kollman & Saucier

08/02/2019

Hostile Work Environment, National Origin, Race Discrimination, Religious Discrimination

A recent case out of the U.S. District Court for the Northern District of Illinois demonstrates how a supervisor’s repeated derogatory comments about an employee’s Middle Eastern background and religion that forced her to take medical leave became a triable discrimination claim. Odisho v. U.S. Bancorp, Inc., No. 16 C 11121 (N.D. Ill. 7/24/19). Juliet Odisho worked as a Structured Finance Analyst for US Bank (“Bank”) where she reported...

Kollman & Saucier

07/24/2019

Direct Evidence, Hostile Work Environment, National Origin, Pretext

Direct, qualification, and comparator evidence, oh my! In a recent decision, the Fourth Circuit recounted the ways in which a former utility distribution serviceman failed to prove discrimination in violation of Title VII and Section 1981. Matias v. Elon University, No. 18-2507 (4th Cir. 7/22/19) (unpublished). Matias, who is Mexican, worked for Elon University from 1999 to 2016. After being promoted to utility distribution...

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Penn State Faces Harassment Claims Based On Anti-Racism Initiatives

Second Circuit Affirms Dismissal of Police Officer’s Title VII Lawsuit

Former McDonald’s Employee’s Harassment Claim Fails

Harassment Claim Based On Offensive Music Given New Life

Second Circuit Turns Down Employee’s Claim of Wrongful Termination for Refusal to Attend LGBTQ Bias Training Session

EEOC Issues Harassment Prevention and Response Guidance

Fourth Circuit Confirms Standard For A Retaliatory Hostile Work Environment

Maryland's New Workplace Laws, Including Significant Changes To Maryland's Anti-Discrimination Law

Employee’s Medical Leave Can Be An Adverse Employment Action If Caused By Discriminatory Comments

Fourth Circuit Rejects Employee’s Claim of Mexican Heritage Bias

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Category: Hostile Work Environment

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