Hostile work environment: When does it cross the line?

In a recent decision by the U.S. 11th Circuit Court of Appeals (which has jurisdiction over cases originating out of Florida, Alabama, and Georgia), an employee sued for a hostile work environment under Title VII of the Civil Rights Act of 1964. Even with evidence of blatant hostility by a supervisor, the trial court actually dismissed his claim before it went to trial. The 11th Circuit disagreed, however, and reversed the dismissal, allowing him to present the case to a jury at an upcoming trial.

Facts

Alexis Fernandez is of Cuban descent and worked as a crew foreperson for Trees, Inc., clearing trees from utility lines. He alleged his supervisor made derogatory comments on a near-daily basis for two months straight. Comments included references to “s****y Cubans,” “f*****g Cubans,” and “crying, whining Cubans.” He claimed the harassment drove him to depression to the point he attempted suicide at work by dousing himself with gasoline. Fortunately, a coworker was able to tackle him and prevent him from setting himself on fire.

Not all occurrences of harassment create a hostile work environment claim under Title VII. Conduct becomes unlawful harassment when it alters the terms, conditions, or privileges of employment. In the oft-cited case Harris v. Forklift Sys., Inc., the U.S. Supreme Court stated a hostile work environment is one in which “the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”