Question

Labuk is a 20-year employee of Whirley Corporation. During his career with Whirley, Labuk has felt uncomfortable with his supervisor, Bob, because of his behavior. On one occasion, Bob told him that foreigners should stop seeking jobs in the United States if they cannot perform. On another occasion, Bob yelled at Labuk and called him an "idiot." Which of the following may be true in this case?
a. Labuk does not have a harassment claim based on national origin because these two incidents, although offensive, do not create a hostile work environment.
b. Labuk does not have a harassment claim based on national origin because the Fair Labor Standards Act (FLSA) allows employers to discriminate in favor of U.S. citizens.
c. Labuk has a harassment claim based on national origin because Title VII of the Civil Rights Act of 1964 provides protection against discrimination based on country of citizenship.
d. Labuk has a harassment claim based on national origin under Title VII of the Civil Rights Act of 1964 because he belongs to a protected racial class.

Answer 1

Answer:

a. Labuk does not have a harassment claim based on national origin because these two incidents, although offensive, do not create a hostile work environment.

Explanation:

In order for Labuk to have a valid harassment claim, his supervisor must have created an offensive and hostile work environment. Apparently, the supervisor's bad attitude is not shared by Labuk's colleagues, at least it doesn't say so in the question.

The supervisor's attitude might not have been appropriate, but two incidents in 20 years is something can happen to anyone and not just Labuk. Imagine how many times an employee might argue or have some type of dispute with a supervisor during 20 years. Labuk should have reported both incidents to a company's manager.