Discriminatory Hostile Work Environment Sample Clauses

Discriminatory Hostile Work Environment. A work environment that is hostile because of an employee’s national origin violates Title VII. See Harris v. Forklift Sys., Inc., 000 X.X. 00, 21, 000 X. Xx. 000, 126 L. Ed. 2d 295 (1993); Xxxx x. Xxxxx-Xxxxxxx, Inc., 318 F.3d 796, 798 (8th Cir. 2003). To establish a claim for hostile work environment based on discrim- ination a plaintiff must show that (1) he is a member of a protected group, (2) there was unwelcome har- assment, (3) there was a causal nexus between the harassment and membership in the protected group, and (4) the harassment affected a term, condition, or privilege of employment. Xxxxxx v. CEVA Logistics U.S., Inc., 619 X.0x 000, 000 (0xx Xxx. 0000); see also Xxxxxxx x. Xxxxxxx Mktg. Grp., Inc., 000 X.X.0x 000, 000 n.11 (Minn. 2008). “To the extent non-supervisory employees are responsible for the harassment, ‘the plaintiff must also show that the employer knew or should have known about the harassment but failed to take proper action.’ ” Xxxxxx, 619 F.3d at 941 (quoting Xxxxxxxx v. ConAgra Poultry Co., 378 F.3d 790, 794 (8th Cir. 2004)). To establish that harassment altered a term, condition, or privilege of employment, a plaintiff must “show that it was ‘severe or pervasive enough to cre- ate an objectively hostile or abusive work environ- ment – an environment that a reasonable person would find hostile or abusive.’ ” Xxxx, 318 F.3d at 800 (quoting Xxxxxx, 510 U.S. at 21). This standard “is a demanding one, and ‘[s]imple teasing, offhand comments, and isolated incidents (unless extremely serious)’ will not suffice.” Xxxxxx, 619 F.3d at 942 (alteration in original) (quoting Arraleh v. Cnty. of Xxxxxx, 461 F.3d 967, 979 (8th Cir. 2006)). Instead, the plaintiff must demonstrate that the workplace was “permeated with discriminatory intimidation, ridicule, and insult.” Id. (internal quotation marks omitted). And the “ ‘[m]ere utterance of an epithet which engenders offensive feelings in an employee does not sufficiently affect the conditions of employ- ment to support a claim of hostile work environ- ment.’ ” Id. (alteration in original) (quoting Arraleh, 461 F.3d at 979). “The environment must be both objectively hostile to a reasonable person and subjec- tively hostile to the victim.” Xxxxxx v. Univ. of Minn., 408 F.3d 470, 476 (8th Cir. 2005). The Court assesses the existence of a hostile work environment “based on the totality of the cir- cumstances.” O’Brien v. Dep’t of Agric., 532 X.0x 000, 000 (0xx Xxx. 0000). Specifically, the Cour...
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Related to Discriminatory Hostile Work Environment

  • Discriminatory Vendors An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

  • Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment.

  • Work Environment It is mutually agreed that the prevention of accidents and injuries to state employees will result in greater efficiency of operations of state government. Toward this end, the Employer shall make every reasonable effort to provide and maintain safe and healthy working conditions and the Union shall fully cooperate by encouraging all employees to perform their assigned tasks in a safe manner.

  • FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of an offer, the respondent affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

  • Smoke Free Environment The Lessor shall make all parts of the leased premise smoke-free. "

  • Working Environment The Parties agree that a safe and clean working environment is essential in order to carry out work assignments in a satisfactory manner. It will be the Employer's responsibility to ensure that all working areas and Employer-owned vehicles are maintained in a safe and clean condition.

  • Safe Workplace A) The Employer and employees recognize the need for a safe and healthful workplace and agree to take appropriate measures in order that risks of accidents and/or occupational disease are reduced and/or eliminated. Employers will take all reasonable steps to eliminate, reduce and/or minimize threats to the safety of employees. B) An employee performing visitation to clients in the community shall have the right to request backup to attend where there is reasonable cause to expect a violent situation and will have access to appropriate communication equipment. C) When the Employer is aware that a patient/resident/client has a history of violent behaviour, the Employer shall make such information available to the employee. Upon admission or transfer the Employer will make every reasonable effort to identify the potential for aggressive behaviour. In- services and/or instruction in caring for the violent patient will be provided by the Employer. D) The Employer will provide orientation and/or in-service which is necessary for the safe performance of work including universal precautions, the safe use of equipment, safe techniques for lifting and supporting patients/residents/clients and the safe handling of materials and products. The Employer will also make readily available information, manuals and procedures for these purposes. The Employer will provide appropriate safety clothing and equipment.

  • Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Contractor Changes The Contractor shall notify DAS in writing no later than ten (10) Days from the effective date of any change in: a. its certificate of incorporation or other organizational document; b. more than a controlling interest in the ownership of the Contractor; or c. the individual(s) in charge of the Performance. This change shall not relieve the Contractor of any responsibility for the accuracy and completeness of the Performance. DAS, after receiving written notice by the Contractor of any such change, may require such agreements, releases and other instruments evidencing, to DAS’s satisfaction, that any individuals retiring or otherwise separating from the Contractor have been compensated in full or that provision has been made for compensation in full, for all work performed under terms of the Contract. The Contractor shall deliver such documents to DAS in accordance with the terms of DAS’s written request. DAS may also require, and the Contractor shall deliver, a financial statement showing that solvency of the Contractor is maintained. The death of any Contractor Party, as applicable, shall not release the Contractor from the obligation to Perform under the Contract; the surviving Contractor Parties, as appropriate, must continue to Perform under the Contract until Performance is fully completed.

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