Recent events bring hostile work environments into the news

On August 6, the U.S. 5th Circuit Court of Appeals (the federal court of appeals covering Texas) issued an important opinion on a racially hostile work environment. A few days later, New York Governor Andrew Cuomo resigned from his governorship over allegations that he created a sexually hostile work environment. Let’s talk lessons and the law.

Reasonable person or reasonable protected class?

Michael Johnson is black. He resigned from his job at Pride Industries El Paso, claiming Hispanic employees referred to him, in Spanish and in his presence, using the most odious racial slur. He was also referred to in Spanish as “son,” which sounded neutral, but in the context of the other language used, he believed it was demeaning.

Johnson started at Pride as a maintenance worker in March 2015. A supervisor, although not his immediate one, used the racial slur in his presence. He believed the slur was aimed at him since he was the only black person present. He was also labeled as “son” in Spanish, which he equated with a demeaning attitude, not unlike being called “boy.” Doing so also violated the company’s policy that employees could be referred to only by their given name.

Johnson complained to HR and other managers. HR investigated, the supervisor was interviewed, and HR concluded in a report that his claims were addressed in an “appropriate” manner. That’s it. No other interviews, no action to halt the alleged harassment.