Is teasing employee about their accent national origin bias? Court says yes
Can mild teasing result in a hostile work environment? In the case of one Croatian employee, yes.
Here’s how the 11th Circuit weighed in on the issue.
Mocking, rude behavior
Rajko Dugandzic worked for Nike when he began to have issues
with his direct supervisor.
Dugandzic’s manager would frequently mock his accent in
front of other employees, both in the break room and over the store’s intercom
system.
The supervisor also behaved rudely toward Dugandzic, often
by refusing to greet him or yelling “Boo!” in his face. Dugandzic then filed a
hostile work environment claim on the basis of national origin discrimination.
Nike tried to argue what happened wasn’t national origin
bias, because the manager didn’t know Dugandzic was from Croatia. The 11th
Circuit rejected this argument.
“If she was mocking his ‘foreign accent,’” the court said,
“it follows that she could be harassing him based on his national origin even
if she didn’t know the specific national origin.”
This case shows that discrimination and hostile work environments can occur even in less severe instances.
Cite: Dugandzic v. Nike, 3/30/20.
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