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Hernandez v. Valley View Hosp. Assn., 10th Cir., No. 11-1244, June 26, 2012.

Articles Discussing Case:

One federal appellate court outlines parameters for "hostile work environment" claim.

Ogletree Deakins • July 02, 2012
One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the “hostile work environment” needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed that issue, and provided at least some clarity to the definition, adding its voice to the courts that have held that racial epithets directed at employees other than the plaintiff, and non-racial adverse actions directed at that plaintiff, both can be considered as elements of a hostile work environment if other evidence of racial animus is present. Hernandez v. Valley View Hosp. Assn., 10th Cir., No. 11-1244, June 26, 2012.

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