Employer tolerance of harassment itself violates Title VII national origin protections

Evidence

Title VII prohibits harassment on the basis of ethnic or national origin. Such harassment is manifested when an employer fails to maintain a workplace free of unlawful discrimination. Denial of equal employment opportunity constitutes national origin discrimination when it is based on an individual’s physical, cul- tural, or linguistic characteristics of a national origin group, or because of the individual’s ancestral origin. — Sahar F. Aziz, Sticks and Stones, the Words That Hurt, 175

Categorization

  • QUESTION: Passage cuts off before the completion of the physical/cultural basis test; worth chasing the full definition of what invidious basis triggers liability.
  • XREF: connects to: Courts carving out wartime foreign-policy slurs creates a de facto exception under Title VII — Sahar F. Aziz, Sticks and Stones, the Words That Hurt:…, 260; Hostile work environment claims use national origin or ethnic origin grounds. — Sahar F. Aziz, Sticks and Stones, the Words That Hurt:…, 30; Title VII national origin claims proceed under three distinct liability theories — Sahar F. Aziz, Sticks and Stones, the Words That Hurt:…, 178 (+1 more)

Broader Connections