Free Case Review | Refer a Case 205-343-1771

Blog - ERISA and Disability Rights and Benefits - Alabama - The Martin Law Group, LLC

My co-worker cussed me out and my boss did nothing about it. Is that a hostile work environment?

Posted by David P. Martin | Dec 28, 2022 | 0 Comments

My co-worker cussed me out and my boss did nothing about it. Is that a hostile work environment? It depends on many factors such as what was said, how often it was said, and whether your employer had notice or constructive notice of the conduct.

Busby v. City of Orlando, 931 F.2d 764, 785 (11th Cir. 1991) noted that “Although ‘[a]n employer is not charged by law with discharging all Archie Bunkers in its employ,' Id. (quoting Howard v. National Cash Register Co.,388 F. Supp. 603, 606 (S.D.Ohio 1975)), ‘when [the racial slurs] are so egregious, numerous, and concentrated as to add up to a campaign of harassment' the employer is ‘culpable for failing to discover what is going on and to take remedial steps.' Id. at 1422.”

If race, color, religion, sex, or national origin are involved in the profane or offensive slurs that may well violate Title 42 U.S.C. § 2000e-2.  Not every episode, however, rises to that level and it may take more than one episode.

About the Author

David P. Martin

Senior & Managing Attorney

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact [ME/US] Today

[LAW FIRM NAME] is committed to answering your questions about [PRACTICE AREA] law issues in [CITY/STATE]. [[I/WE] OFFER A FREE CONSULTATION] and [I'LL/WE'LL] gladly discuss your case with you at your convenience. Contact [ME/US] today to schedule an appointment.

Office Locations

Tuscaloosa Office
2117 Jack Warner Pkwy STE 1
Tuscaloosa, AL 35401
(205) 343-1771

Birmingham Office
300 Vestavia Pkwy, Suite #2300
Birmingham, AL 35216
(205) 286-5576

Huntsville Office
116 Jefferson Street N., Suite 209
Huntsville, AL 35801
(800) 284-9309

Mobile Office
205 N. Conception St.
Mobile, AL 36603
(251) 206-0024


No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This content is for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute a lawyer-client relationship. If you contact us by email, please be aware that communications through this website may not be privileged. This website and the information contained herein have been prepared by and are the trademark property of The Martin Law Group, LLC, and are not authorized for dissemination or use by other parties.


Menu