Herrera v. Lufkin Indus. - 474 F.3d 675 (10th Cir. 2007)

Rule:

Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. §§ 2000e to 2000e-17, forbids employment discrimination on the basis of race or national origin. 42 U.S.C.S. § 2000e-2(a)(1). This includes an employee's claims of a hostile work environment based on race or national origin discrimination. To survive summary judgment on a claim alleging a racially hostile work environment, an employee must show that a rational jury could find that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment, and that the victim was targeted for harassment because of his race or national origin. 

Facts:

Lewis Herrera worked in Wyoming for Lufkin Industries, Inc. ("Lufkin"), a company that provided oil field equipment and services, and he claimed that he quit his job with Lufkin because its general manager of service operations, who worked in Texas, created a racially hostile work environment by making derogatory remarks about him because he was Hispanic, and by imposing requirements on him that were not imposed on non-Hispanic employees. The district court awarded Lufkin summary judgment on Herrera’s claims alleging that Lufkin violated Title VII and breached the parties' employment agreement, and granted Lufkin’s motion for a directed verdict on Herrera’s claim that Lufkin committed intentional infliction of emotional distress after Herrera presented evidence to a jury on that claim. 

Issue:

Did the district court err in granting Lufkin summary judgment on Herrera's claim that his work environment was racially hostile?

Answer:

No.

Conclusion:

The court of appeals found that the district court erred when it awarded the employer summary judgment on the employee's Title VII claim, but did not err when it dismissed the employee's other claims. Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. §§ 2000e to 2000e-17, forbids employment discrimination on the basis of race or national origin. 42 U.S.C.S. § 2000e-2(a)(1). This includes an employee's claims of a hostile work environment based on race or national origin discrimination. To survive summary judgment on a claim alleging a racially hostile work environment, an employee must show that a rational jury could find that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment, and that the victim was targeted for harassment because of his race or national origin. In this case, Herrera has asserted sufficient evidence from which a jury could find that his work environment was racially hostile. In particular, he has submitted sufficient evidence indicating that his workplace was pervasively discriminatory.Moreover, because the employee claimed that he suffered emotional distress, the district court did not abuse its discretion when it required the employee to undergo a mental examination.