Hostile Work Environment

Published on: December 18, 2014

Former Congressional Staffer Sues Office of Former Boss for Hostile Work Environment and Gender Discrimination

Lauren Greene, former New Media Director and later Communications Director for Blake Farenthold, a congressman from Texas and the owner of the domain name “www.blow-me.org” filed suit against her former boss in D.C. federal district court on Friday, December 12.

The complaint alleges that Congressman Farenthold created an “uncomfortable work environment,” according to the Washington Post, when he told another office worker that he had “sexual fantasies” and “wet dreams” about Ms. Greene. The complaint further alleges that the Congressman, on more than one occasion, made comments to Ms. Greene about her appearance and then said “he hoped his comment wouldn’t be taken for sexual harassment.” He told another office worker that Ms. Greene “could show her nipples whenever she wanted to” during a discussion of Ms. Greene’s attire.

The complaint goes on to allege that Acting Chief-of-Staff Bob Haueter treated Ms. Greene in a way that “was intended to, and did, belittle and humiliate Plaintiff” based on her gender. When Ms. Greene told Congressman Farenthold about her concerns, the Congressman said that Mr. Haueter “was known to be condescending toward women on the staff, then paid empty, lip service encouragement for [Ms. Greene] to stand up for herself.”

Continue reading →

Published on: September 16, 2014

Former Mets Sales Executive Sues Team for Pregnancy Discrimination

By The Erlich Law Office, PLLC

Jeff Wilpon, the Chief Operating Officer of the New York Mets and son of Mets owner Fred Wilpon, runs his front office department about like his father runs the baseball team: Leigh Castergine, former Vice President of Ticket Sales, recently filed a lawsuit in the Eastern District of New York alleging that Fred Wilpon and the ball club discriminated against her for being pregnant and unmarried.

Castergine is a graduate of the University of Pennsylvania. She has worked for the Philadelphia 76ers, Orlando Magic, and Boston Bruins and was hired by the Mets in 2010. Last December, the Mets promoted Castergine to Vice President of Ticket Sales, making her the first female to hold such a position in the ball club’s 52 years of existence. The team regularly awarded her five- and six-figure bonuses for her work.

Sounds pretty good. So how did things go wrong?

Continue reading →

Published on: August 27, 2014

Fourth Circuit Holds Employer Liable for Third Party Harassment

By The Erlich Law Office, PLLC

Have you ever had to deal with an unpleasant person at work? When does the inappropriate conduct of someone at work rise to a civil rights violation by your employer? A recent decision by the Fourth Circuit may help answer these questions. The Fourth Circuit upheld racial and sexual hostile work environment claims in Freeman v. Dal-Tile Corporation on April 29, 2014.

Lori Freeman, former employee of Dal-Tile, sued her former employer after enduring months of mistreatment from a sales representative from one of the company’s main clients.

In June 2008, Dal-Tile bought a stone yard called Marble Point in Raleigh, North Carolina, formerly owned by Marco Izzi. The yard was incorporated into Dal-Tile as a sale-service organization, and Izzi purchased ownership in VoStone, Inc., a Raleigh kitchen/bath remodeling center that became a significant client of Dal-Tile and major source of revenue.

Continue reading →

Published on: July 8, 2014

Boyer-Liberto v. Fontainebleau Corp. Part III: Fourth Circuit Issues a Rehearing

By The Erlich Law Office, PLLC

Do you think that the Fourth Circuit got it wrong when it decided against an employee who was called a “porch monkey” more than once by a coworker and was fired from her job shortly after she complained? You are certainly not alone. Ms. Boyer-Liberto’s complaints about the racists did not give rise to a claim for a hostile work environment or employment discrimination according to the Fourth Circuit, but you may see the Fourth Circuit change or limit that opinion.

The Fourth Circuit on Tuesday, July 1, granted en banc hearing to Boyer-Liberto v. Fontainebleau Corp., marking a potential shift in the way the Fourth Circuit analyzes employment discrimination claims. What this means is that both sides will reargue the case, but this time they will do so in front of all eligible judges of the Court of Appeals for the Fourth Circuit. Many appellate courts sit in parts or divisions of three or more judges from among a larger number on the full court. The Fourth Circuit is no exception. That’s why only three judges (Chief Judge Traxler and Judges Neimeyer and Shed) heard and decided the original case. When a court sits en banc it is possible that it will reach a different decision from the original 3-member panel. It is common for parties to ask for a rehearing en banc after an appellate court renders a decision; however, they are rarely granted. When a court does grant a rehearing en banc, it means that one of the following situations are in play:

A material (potentially outcome changing) fact or legal issue was overlooked in the decision;

Continue reading →

Published on: June 16, 2014

Fourth Circuit Decision Offers Guidance on Race Discrimination: Hostile Work Environment/Retaliation Claims, Part 2: What This Case Teaches Us

By The Erlich Law Office, PLLC

On Friday, we discussed the recent discrimination case at arising from employment at a hotel bar between Reya Boyer-Liberto and her former employer, the Fontainebleau Corporation. We move on today to what we can learn from this case of racial language used in the service industry.

What the Case Teaches Us:

In dropping Liberto’s case, the Fourth Circuit was essentially saying that, even assuming everything that Liberto alleged was true, the conduct she faced did not amount to a hostile work environment while she had been employed by Berger.

Continue reading →

Published on: June 13, 2014

Fourth Circuit Decision Offers Guidance on Race Discrimination: Hostile Work Environment/Retaliation Claims, Part 1: What Happened and the Law

By The Erlich Law Office, PLLC

Have you ever wondered how bad your working conditions have to become your work is a “hostile work environment?” A recent case may help you decide whether you’re in a position to take legal action.

Reya Boyer-Liberto, an African-American woman, sued the Fontainebleu Corporation and her boss Leonard Berger for racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Liberto alleged that her former employer discriminated against her by allowing a hostile work environment to persist at the hotel where she worked because a coworker yelled at her and called her a “porch monkey” twice within a two-day period.

Despite recognizing the racial slurs as unacceptable, the Fourth Circuit held that Liberto’s coworker’s conduct was too isolated to constitute a hostile work environment, reasoning that a two-day period of racial comments, relating to one altercation, was not sufficiently “severe” or “pervasive” to change a term or condition of her employment or create an abusive workplace atmosphere.

Continue reading →