John identifies as a Hispanic employee in a private sector organization. He is regularly called an “idiot” by his supervisor. The supervisor has hardly ever called non-Hispanic employees derogatory names. Finally, the supervisor starts calling John an inflammatory name that is known to be derogatory to Hispanics. John now finds his work environment intolerable, though his supervisor has no intention to demote or fire John for any reason. John, however, wants to file a discrimination complaint against his employer. He went to his HR department first, but was dissatisfied with their lack of help.
Prepare a 700- to 1,050-word paper written in the third person voice in which you analyze and explain the discrimination complaint and civil litigation process as it would potentially apply to John and his employer.
What are the elements of a hostile work environment harassment claim?
Can John potentially satisfy the elements of a hostile work environment harassment claim?
Does his employer have any defense for the supervisor’s conduct?
Identify whether John can make a prima facie case of a hostile work environment by identifying the elements required to bring a cause of action for discrimination.
Explain how the complaint process begins with the Equal Employment Opportunity Commission (EEOC) and proceeds with a right-to-sue letter through the civil litigation process from the state level up to the U. S. Supreme Court.