Hostile Work Environment Claims Require "Threatening" or "Humiliating" Comments

July 23, 2010
By Matthew Sarelson on July 23, 2010 8:45 AM |

In Alansari v. Tropic Star Seafood, the Eleventh Circuit recently affirmed summary judgment for the employer where a black, Muslim employee alleged a hostile work environment. The plaintiff alleged that co-workers encouraged him to "find Jesus," played Christian music on the radio and made derogatory comments about his Muslim faith. The court concluded that these comments, while unwanted and in poor taste, did not rise to the level of being threatening or humiliating and did not unreasonably interfere with the plaintiff's ability to perform his job. As a result, the working environment was not considered "hostile" as that term is used in employment litigation. The seven-page, non-binding opinion demonstrates the difficulty employees face when filing hostile work environment claims. It also demonstrates that importance of contacting an experienced employment attorney while you are still employed and while the hostile environment is ongoing. Employees generally have an affirmative obligation to report hostile working environments to management and human resources before it becomes a lawsuit.