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Second Circuit: Court Clarifies Behavior Contributing to Hostile Work Environment

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All Employers with CT, NH, and VT Employees

EFFECTIVE

March 6, 2020

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In Ramsy v. Marriott Int’l, Inc., the Second Circuit court clarified that an employee need not prove there was direct physical contact or threats in order to demonstrate that a hostile work environment exists.

In this case, an employee reported alleged co-worker misconduct to his employer’s human resources.  As a result, he began to suffer racial, ethnic, and religious slurs from other employees.  This included discriminatory remarks from the employee’s union steward that, while not specifically targeted at him, were vocalized with the intention for him to overhear the comments.  The employee complained about the harassment and was later terminated for supposedly getting into an altercation at work.

The Second Circuit noted that different factors must be considered in totality when evaluating a harassment claim, including the severity and frequency of the discriminatory conduct (in this case, remarks about the employee’s race, ethnicity, and religion), among other factors.  Discriminatory comments made in the presence of, but not directly aimed at, the employee contributed to the hostile work environment.  Additionally, physical assault is not a prerequisite to determining that there is a hostile work environment.  In this case, the employee complained of numerous incidents of discrimination over the course of three years, with repeated and unanswered complaints to the company’s management.

Action Items

  1. Ensure managers are trained on responding to unprofessional and harassing conduct in the workplace.
  2. Best practice is to have all employees trained in harassment prevention.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

Second Circuit: ADA Protects Against a Hostile Work Environment

APPLIES TO

All Employers with Employees in CT, NY, VT

EFFECTIVE

March 6, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Fox v. Costco Wholesale Corp., the Second Circuit Court of Appeals stated that hostile work environment claims may be brought under the Americans with Disabilities Act (ADA). There, an employee who had Tourette’s Syndrome and OCD claimed he was subject to a hostile work environment because of his medical conditions, including mocking his disability over a significant period of time and with the employer’s knowledge. Specifically, the court stated that the prohibition of discrimination under the ADA includes prohibiting workplace harassment, similar as with Title VII claims. The court indicated that there was sufficient information alleged that would allow the case to proceed. Employers should take care to consistently enforce anti-discrimination and harassment policies.

Action Item

  1. Review the decision here.
  2. Have discrimination and harassment policies reviewed for compliance.
  3. Have employees regularly trained on discrimination and harassment prevention.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase