Making Fun Of You For Coloring Your Hair May Not Be Discrimination In The Workplace

Conduct discrimination toward race, sex, religion, or ethnicity may be a problem. Making fun of you for coloring your hair may not be.  The factors courts look at include “… ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.’ Harris, 510 U.S. at 23, 114 S.Ct. at 371. In determining whether harassment is so pervasive as to provide the employer with constructive knowledge, this Court recently held that “[t]he question of notice to the employer is distinct from the question of the environment’s abusiveness.” Allen v. Tyson Foods, Inc., 121 F.3d 642, 647 (11th Cir. 1997).

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