Labuk is a 20-year employee of Whirley Corporation.During his career with Whirley,Labuk has felt uncomfortable with his supervisor,Bob,because of his behavior.On one occasion,Bob told him that foreigners should stop seeking jobs in the United States if they cannot perform.On another occasion,Bob yelled at Labuk and called him an "idiot." Which of the following may be true in this case?

Question

Quizplus · Accepted Answer

Labuk does not have a harassment claim because these two incidents, although offensive, do not create a hostile work environment. Claims of national origin harassment are only actionable if the harassment was so severe or pervasive that the employee reasonably finds the workplace to be hostile or abusive. In considering employer liability, courts look to whether the conduct was physically threatening or intimidating, its severity, pervasiveness throughout the working environment, whether a reasonable person would find the conduct offensive and/or hostile, and how the employer responded.

Labuk Is a 20-Year Employee of Whirley Corporation