To these 300,000 plus employees, the president’s bigotry is not only hurtful. It creates a hostile work environment.
Hear me out. Federal statutes that prohibit employment discrimination in the workplace define discrimination to include conduct that creates a work environment that is intimidating, hostile or offensive to reasonable people. Types of offensive conduct that has been found actionable by courts include offensive jokes, slurs, epithets, name calling, threats, intimidation, ridicule or mockery, and insults.
Additionally, courts have held that the harasser can be the victim’s supervisor or a supervisor in another area. The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. And the unlawful harassment may occur without economic injury to, or discharge of, the victim.
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