Section 30 Hostile Work Environment

• Library: Employment Discrimination 2008

Courts have generally applied the same analysis in religious harassment cases as in cases involving inappropriate sexual conduct. To establish a prima facie case of religious harassment when the harasser is a coworker, the plaintiff must show the following:

1. The plaintiff belongs to a protected group.

2. The plaintiff was subjected to unwelcome harassment.

3. The harassment occurred because of the plaintiff’s religious beliefs.

4. The harassment affected a term, condition, or privilege of the plaintiff’s employment.

5. The employer either knew or should have known of the harassment but failed to take proper action.

Powell v. Yellow Book USA, Inc., 445 F.3d 1074, 1077 (8^th Cir. 2006) (citing Reedy v. Quebecor Printing Eagle, Inc., 333 F.3d 906, 907–08 (8^th Cir. 2003)). When the harassment is carried out by a supervisor, the employer will be liable if the plaintiff establishes the first four elements of a prima facie case unless the employer can demonstrate that it took reasonable care to prevent and correct harassment.

A hostile work environment occurs “[w]hen 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 and create an abusive working environment.’”...