Manner Case Summary
Rester v. Stephens Media, LLC
In Rester, the Plaintiff alleged her supervisor’s aggressive behavior created a hostile workplace, but the Court disagreed and determined the single incident of conduct was not severe. The Plaintiff worked as a graphic designer for the Defendant. The Plaintiff and her supervisor got into a confrontation over a work assignment, when the supervisor started cursing at her and slamming his hands on the desk. She tried to leave, and the supervisor placed his hands on her and prevented her from leaving until she began screaming. Her supervisor later apologized and she remained at work for the rest of the day. Nine days after the incident, she reported the incident but no disciplinary action was taken against …show more content…
Plaintiff worked for the Defendant in several positions. The Plaintiff alleges twelve different incidents occurred where she was treated differently than her white co-workers. These includes incidents such as dress code violations that white employees did not receive. Another involved her supervisor advising the Plaintiff not to steal anything. There were other race-based comments such as a supervisor referring to the Plaintiff’s hair as “nappy.”
The Eight Circuit determined that the twelve incidents taken together were not sufficiently severe or pervasive. The panel began by laying out law to guide their decision. The panel used factors similar to the Westendorf court and noted that offices dominated by racial slurs may be hostile, but not ones with isolated racial comments. The Court noted that the incidents occurred over a ten-month period and thus were “infrequent.” The Court also held that the conduct was neither physically threatening nor humiliating. Therefore, the Eight Circuit held that the racial treatment and comments did not create a hostile workplace, because the conduct was neither severe or …show more content…
Plaintiff is an African-American woman who is employed by the state as a correctional officer. The Plaintiff’s supervisor (who is a female) made negative comments about the African-American workers on her staff and the Plaintiff complained. The supervisor called the Plaintiff at home and made comments about how the Plaintiff should focus on her family, and asked whether her husband had ever hit her. There were also incidents of insensitive racial comments. The Plaintiff filed a claim alleging a hostile workplace under both race and
In Rester, the Plaintiff alleged her supervisor’s aggressive behavior created a hostile workplace, but the Court disagreed and determined the single incident of conduct was not severe. The Plaintiff worked as a graphic designer for the Defendant. The Plaintiff and her supervisor got into a confrontation over a work assignment, when the supervisor started cursing at her and slamming his hands on the desk. She tried to leave, and the supervisor placed his hands on her and prevented her from leaving until she began screaming. Her supervisor later apologized and she remained at work for the rest of the day. Nine days after the incident, she reported the incident but no disciplinary action was taken against …show more content…
Plaintiff worked for the Defendant in several positions. The Plaintiff alleges twelve different incidents occurred where she was treated differently than her white co-workers. These includes incidents such as dress code violations that white employees did not receive. Another involved her supervisor advising the Plaintiff not to steal anything. There were other race-based comments such as a supervisor referring to the Plaintiff’s hair as “nappy.”
The Eight Circuit determined that the twelve incidents taken together were not sufficiently severe or pervasive. The panel began by laying out law to guide their decision. The panel used factors similar to the Westendorf court and noted that offices dominated by racial slurs may be hostile, but not ones with isolated racial comments. The Court noted that the incidents occurred over a ten-month period and thus were “infrequent.” The Court also held that the conduct was neither physically threatening nor humiliating. Therefore, the Eight Circuit held that the racial treatment and comments did not create a hostile workplace, because the conduct was neither severe or …show more content…
Plaintiff is an African-American woman who is employed by the state as a correctional officer. The Plaintiff’s supervisor (who is a female) made negative comments about the African-American workers on her staff and the Plaintiff complained. The supervisor called the Plaintiff at home and made comments about how the Plaintiff should focus on her family, and asked whether her husband had ever hit her. There were also incidents of insensitive racial comments. The Plaintiff filed a claim alleging a hostile workplace under both race and