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John identifies as a Hispanic employee in a private sector organization. He is regularly called an idiot by his supervisor. The supervisor has hardly ever

John identifies as a Hispanic employee in a private sector organization. He is regularly called an "idiot" by his supervisor. The supervisor has hardly ever called non-Hispanic employees derogatory names. Finally, the supervisor starts calling John an inflammatory name that is known to be derogatory to Hispanics. John now finds his work environment intolerable though his supervisor has no intention to demote or fire John for any reason. John, however, wants to file a discrimination complaint against his employer. He went to his HR department first, but was dissatisfied with their lack of help.

  • What are the elements of a hostile work environment harassment claim?
  • Can John potentially satisfy the elements of a hostile work environment harassment claim?
  • Does his employer have any defense for the supervisor's conduct?

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