Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous]Here’s the language from the opinion:

Hostile work environment claims under FEHA “operate under the same guiding
principles” as those under Title VII. . . . A “hostile
work environment” arises when “the workplace is permeated with discriminatory intimidation,
ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s
employment. . . .Whether an environment is sufficiently “hostile” or “abusive” “can be determined only by looking at all the circumstances,” including “the frequency of the discriminatory conduct; its
severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and
whether it unreasonably interferes with an employee’s work performance.” Harris, 510 U.S. at
23. Courts must also consider that “[t]he real social impact of workplace behavior often depends
on a constellation of surrounding circumstances, expectations, and relationships which are not
fully captured by a simple recitation of the words used or the physical acts performed.”

The relevant conduct must be discriminatory. “A hostile work environment is not one
that is bad for all living things in a manner that happens to involve characteristics of the
protected class; rather it is one that is discriminatorily hostile to an employee based on his or her
membership in the protected class.” McSweeney, 776 F. Supp. 3d at 262. In other
words, the hostile work environment must have occurred “because of the plaintiff’s protected
characteristic.”

On page 116, the Court says that Blake does not have to prove that a hostile work environment existed, but that one could have a “reasonable belief” that one did.

So it is not sufficient for Blake to prove that she believed it to be so, she also has to establish, in light of all circumstances, that this belief was reasonable.[/quote]

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