Employees of all types (executives, office employees, factory workers, etc.) often call us, asking if they can sue their employer because they work in a hostile environment. First, just because a workplace or an employer is unfair, dysfunctional and filled with favoritism, does not, by itself, create a valid hostile work environment claim. If you sue, your case may sound good, but any minimally competent defense attorney will get your case kicked out easily and quickly. A hostile work environment is only unlawful if is the result of discrimination and/or harassment based on a person’s race, age, sex, religion, disability or some other protected class. In addition, an employee has to establish that the harassment or discrimination was “severe” or “pervasive”. These two words make lawyers drool since they are terms of very important meaning. The U.S. District Court of Maryland recently addressed what creates a hostile work environment in, Mallik v. U.S. Dept. of Health and Human Services, Civ. No. PWG-12-1725 (D. Md. Aug. 28, 2013). We respectfully feel that the court in Mallik reached the wrong decision. In Mallik, the recent case from the federal district court in Maryland, a worker alleged that his supervisor’s behavior created a hostile work environment. The worker’s allegations included that the supervisor regularly made discriminatory comments about Indians and other minorities. The supervisor’s comments included discriminatory jokes, comments about Osama Bin Laden, and remarks about hygiene. Unbelievably, the worker lost, with the Maryland federal court concluding the supervisor’s conduct was not severe or pervasive enough to satisfy a hostile work environment claim. As attorneys who pursue hostile work environment claims in Maryland and elsewhere, we respectfully believe that the court in Mallik reached the wrong decision. We base this conclusion on supporting case law from the Fourth Circuit Court of Appeals. For instance, in EEOC v. Subelt Rentals, Inc., 521 F.3d 306 (4th Cir. 2008), the Fourth Circuit Court of Appeals ruled in favor of a worker who’s co-workers, including a supervisor, regularly made discriminatory jokes and comments about the worker’s Islamic faith. In reaching its decision the court also considered discriminatory comments made to other employees of Islamic faith. Also, in EEOC v. Fairbrook Med. Clinic, P.A., 609 F.3d 320 (4th Cir. 2010), the court ruled in favor of a female worker where her employer, “targeted her with highly personalized comments designed to demean and humiliate her.” In closing, you need a good lawyer when asserting a hostile work environment claim. It is not impossible to win a hostile work environment claim; it just takes the right case and facts. Contact us or call us at (410) 296-3030, for more information.
