Bad behavior not enough to create hostile work environment

Federal courts have become increasingly reluctant to find bad behavior at work is enough to establish a prohibited hostile work environment. A recent case from the U.S. 8th Circuit Court of Appeals (which governs federal cases in Arkansas) indicates just how difficult it has become for employees to establish the existence of a sufficiently hostile work environment to rise to the level of prohibited discrimination.

Facts

Jennifer Paskert was a sales associate at Auto Smart, a used-car dealership and part of a larger group of businesses operated by Kenneth Kemna. During her tenure, she was supervised by Brent Burns, the manager of her location. James Bjorkland was a sales associate employed at the same location.

When Paskert was hired, her job duties included car sales, collections, and preparing cars for sale. Training for the jobs included engaging in role-playing exercises and shadowing Burns and Bjorkland when they made sales presentations.

Paskert alleged she was prevented from completing the training because, when she tried to shadow Burns or Bjorkland on the lot while they were pitching cars to customers, Burns would send her back inside to answer the phone.

The evidence also showed Burns’ behavior as a manager was volatile. He frequently lost his temper with everyone, ridiculed and screamed at employees, referred to female customers by using derogatory names, and threw objects in the office.