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)