PDF BookHostile Work Environment (Employment Law Series)

[Download Ebook.oEAW] Hostile Work Environment (Employment Law Series)



[Download Ebook.oEAW] Hostile Work Environment (Employment Law Series)

[Download Ebook.oEAW] Hostile Work Environment (Employment Law Series)

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Published on: 2015-12-28
Released on: 2015-12-28
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[Download Ebook.oEAW] Hostile Work Environment (Employment Law Series)

THIS CASEBOOK contains a selection of 235 U. S. Court of Appeals decisions that discuss and analyze issues surrounding hostile work environment claims. The selection of decisions spans from 2004 to the date of publication.To establish a hostile work environment under Title VII, § 1981, or § 1983, a plaintiff must show that "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." Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (citations and internal quotation marks omitted). "This standard has both objective and subjective components: the conduct complained of must be severe or pervasive enough that a reasonable person would find it hostile or abusive, and the victim must subjectively perceive the work environment to be abusive." Raspardo, 770 F.3d at 114 (citing Harris, 510 U.S. at 21-22, 114 S.Ct. 367). "The incidents complained of must be more than episodic; they must be sufficiently continuous and concerted in order to be deemed pervasive." Id. (internal quotation marks omitted). In determining whether a plaintiff suffered a hostile work environment, we must consider the totality of the circumstances, including "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." Harris, 510 U.S. at 23, 114 S.Ct. 367. Littlejohn v. City of New York, 795 F. 3d 297 (2nd Cir. 2015).A hostile environment consists of several individual acts that "may not be actionable on [their] own" but become actionable due to their "cumulative effect." Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 115, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). The constituent acts must be "adequately linked" such that they form "a coherent hostile environment claim." Baird v. Gotbaum (Baird I), 662 F.3d 1246, 1251 (D.C.Cir.2011). For example, they might "involve the same type of employment actions, occur relatively frequently, and [be] perpetrated by the same managers." Id. (alterations omitted). In addition, the acts must be "of such severity or pervasiveness as to alter the conditions of ... employment and create an abusive working environment." Hussain, 435 F.3d at 366 (quotation marks and alterations omitted). Severity and pervasiveness are determined by reference to "all the circumstances," including "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." Harris v. Forklift Sys., Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). The standard is an objective one. Id. at 21, 114 S.Ct. 367. Baird v. Gotbaum, 792 F. 3d 166 (DC Cir. 2015)."Hostile work environment" is a term of art, which refers to an unlawful employment practice under Title VII that arises because of "discriminatory intimidation, ridicule, and insult[s]" repeatedly directed at an employee on the basis of a protected characteristic. See Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 115-16, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002) (internal quotation marks omitted). Thus, an employee who complains that an employer is creating a "hostile work environment" engages in Title-VII-protected activity when the context objectively reveals that the employee is using the expression to complain about repeated abusive discriminatory comments or treatment. Yazdian v. ConMed Endoscopic Technologies, Inc., 793 F. 3d 634 (6th Cir. 2015).• • • • PDF [FREE] DOWNLOAD Hostile Work Environment (Employment ... PDF [DOWNLOAD] Hostile Work Environment (Employment Law Series) ... 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