How “severe” an offensive workplace must be to rise to the level of actionable harassment is an ongoing balancing act by courts in the Third Circuit. While the language courts use is well-known, and comes from U.S. Supreme Court cases, the application of that language is often the subject of nuanced interpretation. The U.S. Court of Appeals for the Third Circuit’s recent decision in Greer v. Mondelez Global, No. 12-3820, 2014 U.S. App. LEXIS 20529 (3d Cir. Oct. 22, 2014), is the latest case to keep the “severity” bar at a high level for individuals claiming that they have been harassed in the workplace.

Co-Worker Harassment

Marilyn Lennox was a supervisor working for Kraft Foods’ Philadelphia bakery from September 2008 until November 2009. Lennox, who is African-American, claimed that during her employment, she was subjected to a series of racially and sexually discriminatory comments and actions from her co-workers, which ultimately forced her to resign her position, according to the opinion. Specifically, two co-workers were alleged to have made various racial comments to Lennox about, for example, the fact that she probably voted for President Obama, listened to rap music, and lived in a “rough area.” Lennox was also present when a colleague made a racially offensive joke—although it was not directed at her, the opinion said.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]