What It Takes to Create a Hostile Work Environment

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Last week, I nominated Target Corp. and MarketSource for the worst employer of 2017, because they ignored the approximately 10 incidents of vile ethnic harassment a Palestinian employee suffered during the brief two-month tenure of his employment. Almost as bad was the logic of the 8th Circuit Court of Appeals, which concluded that, as matter of law, the employee failed to state a claim for ethnic harassment because the “morally repulsive” comments “were not physically threatening.” Some courts, however, do get this issue correct. Case in point? The 2nd Circuit Court of Appeals, in Ahmed v. Astoria Bank (5/9/17) [pdf].

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