Tang Li is employed by Open Box Corporation as a computer analyst.Once,in a fit of anger,Bob,his supervisor,told him that foreigners should stop seeking jobs in the United States if they cannot perform.Another time,Bob yelled at Tang,calling him an idiot.Which of the following holds true in this case?

Question

Quizplus · Accepted Answer

Tang 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.

Tang Li Is Employed by Open Box Corporation as a Computer