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Hostile Environment Offensive Language

Proskauer - Minding Your Business

Are Eminem and Too $hort Too Offensive for the Workplace?

There is a time and place for everything, or so they say. Eminem and Too $hort are both somewhat polarizing artists. From songs such as Eminem’s “Cleaning Out My Closet” to Too $hort’s infamous “Blow The Whistle”, some of...more

Ius Laboris

Can you be fired for sending private messages about colleagues?

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The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed. According to a recent decision of the German Federal Labour...more

Genova Burns LLC

You Can Say What?! New Jersey District Court Rejects Claims of Hostile Work Environment

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On July 29, 2023, the United States District Court for the District of New Jersey in Tavares v. Builders FirstSource Northeast Group, Inc., granted Defendant’s Motion for Summary Judgment most notably finding that racist and...more

Parker Poe Adams & Bernstein LLP

Third Circuit Revives Harassment Claim Involving Harassment by Psychiatric Center Patient

When defining what conduct constitutes a hostile and offensive working environment under Title VII, the U.S. Supreme Court directs lower courts to look at the context of the behavior in the specific workplace at issue....more

Zuckerman Spaeder LLP

Is It Workplace Harassment to Tell an Employee to Go Back Where She Came From?

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Last week, President Trump made headlines when he tweeted that “‘progressive’ Democrat Congresswomen … originally came from countries” that were “totally broken and crime infested,” and that they should “go back” to the...more

Sherman & Howard L.L.C.

Supervisor’s Racial Epithets Are “Hellish” Enough

A defendant-employer won summary judgment on a racially hostile environment claim. The district court reached back to old cases and said the employee-plaintiff had to show the work environment was “hellish” to be actionable....more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

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Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Constangy, Brooks, Smith & Prophete, LLP

Hostile Work Environment, Or Just NSFW?

When does crude language cross the line and become unlawful harassment? A court decision from this week reminded me about this issue, which I’ve been thinking about and discussing in harassment training for a long time (but...more

Parker Poe Adams & Bernstein LLP

Calling African-American 'Boy' and 'You People' Creates Hostile Work Environment

In a recent string of decisions, federal courts have concluded that use of racial epithets even on one occasion is sufficient to constitute a hostile work environment under Title VII. Thus, use of the N-word and other...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Top 10 Workplace Investigation Mistakes: Part I

Resolving conflict in the workplace is a key issue for employers. Legal requirements have continued to expand in terms of what courts expect employers to do in order to prevent and correct wrongful behavior. In response,...more

FordHarrison

Fourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet

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Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more

Hinshaw & Culbertson LLP

Supervisor's "Hitler" Comment Not Enough to Create Hostile Work Environment

Does a single incident create a hostile work environment? Just this month, the U.S. Court of Appeals for the Fifth Circuit held that one offensive comment was insufficient to create a hostile work environment....more

McGuireWoods LLP

The “Protected Activity” Prong of a Prima Facie Retaliation Claim

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Courts increasingly scrutinize the “protected activity” prong of a plaintiff’s prima facie retaliation claim under Title VII of the Civil Rights Act of 1964 and other, similar anti-discrimination laws. ...more

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