Hostile Work Environment

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Hostile Work Environment

I am 1 of two employees in my group. I am a latina female under the age of 40 and
my coworker is a white female over 40. We both feel that another coworker is
creating a hostile work environment, but I am receiving far worse treatment than
my coworker. Although the aggressor has never mentioned my race- I feel as though
I am being targeted b/c I am a youngI know, not protected class black, female.
Does the fact that my white female coworker is also being treated poorlybut not
as bad negate my claim of a hostile work environment based upon being a latina
female?

Asked on July 12, 2016 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact that your coworker is also being treated poorly, even if not as poorly, weakens the claim of race or national origin based discrimination, since it is evidence that he is not treating the two of you badly due to race or national origin. Of course, if two women are treated badly, it may instead be sex-based employment discrimination or harassment, which is also illegal. Based on what you write, it would be worthwhile to speak to the federal EEOC about whether a complaint is appropriate.


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