Elements of a Hostile Work Environment Claim
According to the EEOC (2019), harassment is defined as “a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964,” which prohibits discrimination on the basis of, among other things, race. Hispanic is considered a “race” in US law, per Village of Freeport v Barrella (Cuthbertson, 2016).
Further, it is “unwelcome conduct that is based on race…” John is facing harassment as defined by the EEOC. Petty slights are not covered under this definition, but slurs and epithets are. The elements of a claim are the evidence that such an epithet or slur was uttered, and it helps to demonstrate that this a pattern of behavior that has resulted in an ongoing hostile environment. Furthermore, the claim should also demonstrate that the company did not respond to the allegations of harassment. If the company knows about harassment, it is obligated under law to take prompt and appropriate corrective action. Thus, the claim rests on demonstrating a pattern of behavior that would constitute harassment, and a lack of response from the company once it became aware of the issue.
John can potentially satisfy the different elements of the claim. One of the things he needs to do is be able to produce evidence that the slur or epithet was uttered, which probably involves producing a credible witness or voice...
References
Cuthbertson, Law (2016) Second circuit holds Hispanic is a race under Title VII. Cuthbertson Law. Retrieved March 6, 2019 from http://www.cuthbertsonlaw.com/second_circuit_holds_hispanic_is_a_race_under_title_vii_and_1981
Dolman Law (2018) How does the EEOC identify a hostile work environment? Dolman Law Group. Retrieved March 6, 2019 from https://www.dolmanlaw.com/eeoc-identify-hostile-work-environment/
EEOC (2019) Harassment. US Equal Employment Opportunity Commission. Retrieved March 6, 2019 from https://www.eeoc.gov/laws/types/harassment.cfm
Kenton, W. (2018) Prima facie. Investopedia. Retrieved March 6, 2019 from https://www.investopedia.com/terms/p/prima-facie.asp
All workers in the United States who are members of a protected class due to age, ethnicity, race, national origin, disability, sex, or religion have the legal right not to be harassed under the Civil Rights Act of 1964 (Glaviano, 2017). John does fall under the protected class due to his national origin and race since he identifies as Hispanic. Since his supervisor has been calling him "idiot" and another
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