Total Articles: 4
Third Circuit keeps the Peace but dismisses
The Third Circuit recently issued a reassuring decision for employers.
Specifically, it affirmed the dismissal of race discrimination and
retaliation claims filed by a former café worker because her supervisors
made no overt racial statements and the employer promptly addressed all
allegations in a manner reasonably calculated to prevent further
harassment.
Race-Based Comment Found Not To Be "Hostile".
A federal appellate court recently held that an employee who claimed he was subjected to 14 months of racially-motivated comments cannot succeed on his Title VII racial harassment claim. According to the Seventh Circuit Court of Appeals, the case must be dismissed because the alleged behavior was not "severe and pervasive" and the employee failed to adequately pursue his complaint with his supervisors.
Company’s Prompt Reaction to Noose Precludes Liability for Racial Discrimination.
When an individual claims to have been racially harassed by co-workers, he or she must show that the employer was negligent either in discovering or remedying the harassment. An employer can avoid liability for co-worker harassment if it takes prompt and appropriate remedial action that is likely to prevent the harassment from recurring. Recently, the 7th U.S. Circuit Court of Appeals analyzed specific actions taken by a company after a noose was found hanging in a workplace, and found those actions to have been sufficient to uphold summary judgment in the company’s favor.
Seventh Circuit Scolds Lower Court for Excusing Obvious Racial Harassment (pdf).
Reversing summary judgment on a hostile environment
claim for the second time in Cerros v. Steel Techs. Inc.,
No. 03-3701 (7th Cir. Feb. 23, 2005), the U.S. Court of
Appeals for the Seventh Circuit expressed concern about
a district court’s repeated misunderstanding of the legal
threshold for harassment cases.
