Hostile Work Environment And Diminished Job Performance

By Bryan A. Chapman, Esquire

A hostile work environment is a workplace that is hostile, abusive, and intimidating.  Federal laws prohibit workplace harassment that is based on an employee’s race, sex, religion, national origin, age, or disability. 

In Amirmokri v. Baltimore Gas & Electric Co., 60 F3d 1126 (4th. Cir. 1995), based on evidence that Amirmokri was called names including “the ayatollah,” “the local terrorist,” and “camel jockey,” the Fourth Circuit Court of Appeals allowed the case to go to trial on the issue of hostile environment harassment.  The Court focused on evidence that Amirmokri’s supervisor had intentionally embarrassed him by assigning him impossible tasks and telling co-workers that he was incompetent, which may have negatively affected both his performance and its evaluation.

Working in a hostile work environment can result in diminished job performance.  In Weiss v. United States, 595 F.Supp. 1050 (1984), a Virginia federal court stated, “…an employer cannot use an employee’s diminished work performance as a legitimate basis for removal where the diminution is the direct result of the employer’s discriminatory behavior.” Henson v. City of Dundee, 682 F.2d 897, 910 (5th Cir.1982); DeGrace v. Rumsfeld, 614 F.2d 796, 804 (1st Cir.1980).

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