Landmark Publications

Hostile Work Environment Landmark Publications

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding hostile work environment claims. * * * To succeed with a hostile work environment claim, a plaintiff must show harassment "sufficiently severe or pervasive so as to alter the conditions of [her] employment and create an abusive work environment." Pérez-Cordero v. Wal-Mart P. R., Inc., 656 F.3d 19, 27 (1st Cir. 2011). The challenged conduct must be "both objectively and subjectively offensive, such that a reasonable person would find it hostile or abusive and [the plaintiff] in fact did perceive it to be so." Id. In performing this inquiry, "a court must mull the totality of the circumstances, including factors such as the 'frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interfere[d] with an employee's work performance.'" Noviello v. City of Boston, 398 F.3d 76, 92 (1st Cir. 2005) (quoting Faragher v. City of Boca Raton, 524 U. S. 775, 787-88, 118 S. Ct. 2275, 141 L. Ed.2d 662 (1998)); see also O'Rourke v. City of Providence, 235 F.3d 713, 729 (1st Cir. 2001). The harassment also must stem from an impermissible motivation, which in this case is alleged to be both gender and retaliation. See Noviello, 398 F.3d at 84, 88 (recognizing hostile environment claims alleging sexual and retaliatory animus). * * * Maldonado-Cáatala v. Municipality of Naranjito, 876 F. 3d 1 (1st Cir. 2017)