New England Biz Law Update
The 10th U.S. Circuit Court of Appeals has revived a former Walmart employee’s hostile work environment claim, concluding that a lower court applied an overly restrictive standard when evaluating the alleged harassment.
The decision reinforces that courts must consider the totality of the circumstances when assessing hostile work environment claims.
The former employee alleged that coworkers subjected him to repeated anti-gay slurs, mocked his perceived femininity and engaged in other discriminatory conduct while he worked at a Walmart store in New Mexico. The district court dismissed the hostile work environment claim, finding the alleged conduct was not sufficiently severe or pervasive.
The 10th Circuit reversed that portion of the decision, holding that the lower court improperly discounted relevant evidence, including comments that could reasonably be interpreted as homophobic, harassment by unidentified coworkers and discriminatory conduct not directed specifically at the employee.
The appeals court also rejected the notion that a plaintiff must show a “steady barrage” of discriminatory comments to establish a hostile work environment, explaining that the proper inquiry is whether the conduct was sufficiently severe or pervasive under the totality of the circumstances.
However, the court affirmed dismissal of the employee’s separate claims for disparate treatment, retaliation, and constructive discharge.
Broad view
The ruling illustrates that courts may consider a wide range of alleged conduct, including slurs, stereotypes, comments directed at others and employment actions, when determining whether a hostile work environment exists.
For employers, it is important to know that conduct that may appear isolated or ambiguous can contribute to a hostile work environment when viewed in the broader context of an employee’s work experience.
