Employment Law

• DOI: http://doi.org/10.1002/nba.30406
• Date: 01 January 2018
• Published date: 01 January 2018

10

JANUARY 2018NONPROFIT BUSINESS ADVISOR

© 2018 Wiley Periodicals, Inc., A Wiley Company • All rights reserved

DOI: 10.1002/nba

Employment Law

Here’s a look at several recent notable lawsuits involving nonprots. Nonprots should regularly review

employment laws and their compliance efforts to avert similar issues.

Racial discrimination

Occasional insults don’t create a hostile

work environment

In 2013, Mary Brathwaite—a black woman—was

hired as a secretary in the Broward County School

Board Transportation Department.

Almost as soon as Evelyn Melendez—a white

woman—was hired to work in the same unit in 2014,

the two employees began to have difculty working

together. The principal reason was that Brathwaite

refused to call Melendez by her preferred nickname

of “Gigi.” In response, Melendez allegedly called her

“Black Hate” instead of “Brathwaite.”

The two women were involved in a physical alter-

cation in September. After an investigation, the Bro-

ward District Schools Police Department concluded

they had been “mutual combatants.”

Brathwaite led a suit claiming racial harassment

and discrimination.

The school board led a motion for summary

judgment.

It rst argued that the name-calling did not rise to

the level of race-based animus, and also that Brath-

waite never notied their mutual supervisor that she

felt subjected to a racially hostile work environment.

In response, Brathwaite insisted the racial distor-

tion of her name grew increasingly frequent, and did

not abate even after she reported it to their supervisor.

District Judge Cecilia Altonaga acknowledged that

a signicant portion of the conict appeared to have

arisen from Brathwaite’s refusal to call Melendez by

her nickname, but ruled that there was sufcient evi-

dence from which a reasonable jury could conclude

the harassment from Melendez was partly based on

Brathwaite’s race.

The board next argued that Brathwaite had not

proved that her workplace was permeated with dis-

criminatory intimidation and ridicule sufciently

severe or pervasive to create an abusive working

environment.

Judge Altonaga said Brathwaite was required to

show that the harassment was both subjectively and

objectively severe and pervasive. She accepted that

Brathwaite subjectively felt that the harassment was

severe and pervasive, and said that the issue was

whether it would be perceived that way by a reason-

able person in that situation.

EMPLOYER WINS ➔ Even though Brathwaite

contended that Melendez constantly harassed her, the

judge said she had only presented proof concerning

three instances where Melendez referred to Brath-

waite as “Black Hate” and one instance of calling

her a “black b*tch.” The judge ruled that those four

events were too infrequent to constitute a severe and

pervasive hostile work environment.

Assuming for the purpose of argument that Melen-

dez had constantly referred to Brathwaite as “Black

Hate,” Judge Altonaga ruled that those verbal taunts

did not amount to more than offensive utterances.

The judge also stated that other than the one physi-

cal altercation, Melendez had not otherwise been

threatening. She then ruled that the one incident was

not sufcient to create a hostile work environment

because Brathwaite had not demonstrated it had

interfered with her job performance.

Since Brathwaite had not proved that the name-call-

ing was objectively severe or pervasive, Judge Altonaga

granted summary judgment in favor of the board.

[Brathwaite v. School Board of Broward County,

U.S. District Court for the Southern District of

Florida, No. 16-62012, 06/30/2017].

Sexual harassment

Employee waits too long to report

harassment

When the Susquehanna County chief clerk saw

County Veterans Affairs Director Thomas Yadlosky

hug a female employee in 2009, she instructed him

that behavior like that was inappropriate.

Around 2010, the chief clerk learned that Yadlosky

had hugged the county election director and kissed

her on the cheek. She again told Yadlosky that his

conduct was unacceptable, and that he could be ter-

minated if it persisted.

At approximately the same time, Sheri Minarsky

began working for Yadlosky as a part-time secretary.

Within about a month, Yadlosky allegedly kissed her

on the lips, hugged her and also held her. In addition,

he purportedly attempted to give her massages, and

tried to hold her hand.