Fifth Circuit Rules on Hostile Work Environment Claim
// Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse
The Fifth Circuit Court of Appeals recently ruled on a race-based hostile work environment claim. Williams-Boldware v. Denton County, No. 13-40044 (5th Cir. Jan. 31, 2014), available at http://www.ca5.uscourts.gov/opinions%5Cpub%5C13/13-40044-CV0.pdf.
An employer may avoid liability on a hostile work environment claim if it took “prompt remedial action” to protect the claimant. Here, the Court concluded that the employer was entitled to judgment as a matter of law because it took prompt actions calculated to end the harassment. Less than 24 hours after the plaintiff complained about the harassment, the plaintiff met with the office’s top two leaders. Her request for a meeting with the alleged harasser was honored. A short time later, officials verbally reprimanded the alleged harasser and required him to attend diversity training. They also ensured that the plaintiff would not be supervised by the alleged harasser’s wife. After the employer took these steps, no racially harassing conduct continued. Because the employer took the plaintiff’s complaint seriously and because its remedial efforts effectively halted the conduct, the evidence did not support a hostile work environment claim.
To discuss a hostile work environment claim with an employment law attorney, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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