11th Circuit clarifies standard for retaliatory hostile work environment claims

In the midst of the COVID-19 pandemic, the U.S. 11th Circuit Court of Appeals (whose rulings cover employers in Florida, Georgia, and Alabama) has issued a decision clarifying the standard for determining when someone can pursue a claim for a retaliatory hostile work environment. The ruling has important implications for employers facing or anticipating retaliation claims alleging employees were harassed for engaging in protected activity under the civil rights laws.

Facts

Susan Monaghan, a white woman over the age of 40, worked as an executive assistant at Worldpay for three months in 2014. During most of that time, she was supervised by senior executive assistant Tammi Daniel, a younger black woman.

Shortly after Monaghan began working, Daniel made a series of race- and age-based comments to her, including:

• It was “dark in here” before Monaghan arrived;
• Monaghan needed a “suntan” to work in the executive suite;
• “[Y]ou white girls kill me”; and
• Monaghan was “over the hill” and “too old” to fit in at the office.

Monaghan complained to senior leadership about Daniel’s conduct. In response, the supervisor yelled at her during a one-hour, one-on-one meeting in which she told Monaghan she was “blackballed” and that her days working for Worldpay were numbered. When the employee complained to leadership again, Daniel told her, “Listen, you better watch it, white girl, I am training [another employee] to take your job.”

Eventually, Worldpay fired both Daniel and Monaghan, who sued the employer for retaliatory harassment, among other things.