Kentucky Federal District Court States That Difference In Treatment Alone Does Not Create A Hostile Work Environment
Kentucky Federal District Court States That Difference In Treatment Alone Does Not Create A Hostile Work Environment.
On September 14, 2007, a Kentucky federal district court granted Ann Taylor Distribution Service’s summary judgment motion to dismiss a hostile work environment claim filed on behalf of six employees who worked for the retail services company. The Plaintiffs primarily alleged that Ann Taylor targeted Cuban employees for less desirable jobs requiring greater physical exertion, that they were not rotated through other positions, and that overall they were treated more poorly than their American counterparts.
The Court found the alleged conduct was not was severe or pervasive. The Court placed great weight on the fact that the Plaintiffs were never threatened or humiliated by words associated with their national origin. The Court acknowledged that the Plaintiffs were treated differently than their American counterparts, but the Court noted, “different treatment alone falls far short of creating a workplace permeated with discriminatory intimidation, ridicule and insult.”
A copy of the Court’s decision is attached.
Lescailles v. Ann Taylor
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Attorney Spotlight
Deborah S. Adams is a member of Frost Brown Todd LLC and practices in the labor and employment law practice group. She represents management in the areas of employment discrimination and wrongful discharge.