Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack

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in Discrimination and Harassment,Human Resources

Here’s a new worry for employers: More and more employees who aren’t being directly targeted for har­­­­­­­ass­­ment are suing anyway. They claim that the fact that others may be experiencing sexual, racial or other forms of harassment means that they, in ­effect, are also victims.

Some of those claims actually succeed. And even the ones that fail can raise the threat of further litigation.

Recent case: Rubin Hernandez and several other employees who worked at Yellow Transportation’s Dallas terminal sued over an alleg­edly hostile work environment. They also claimed they were retali­ated against after they picketed in protest of working conditions. Two of Hernandez’s co-workers are Hispanic; one is white.

The two Hispanic employees argued that they had observed or heard about workplace harassment aimed at black employees. They said it created a hostile environment for Hispanic employees, too. In other words, their lawyers arg...(register to read more)

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