Ask FELTG: Is it Harassment if an Employee Intentionally Mispronounces a Coworker’s Name?
July 30, 2024
The answer to this question we received from a FELTG customer? It sure could be.
A recent case, Assunta V. v. DHS, EEOC App. No. 2021003725 (May 8, 2023), involved an employee who filed a hostile work environment harassment complaint (based on race, national origin, and sex) on that issue, and more.
Here are a few of her allegations:
- Her first-line supervisor, the Environmental Manager (the EM), “intentionally mispronounced her name when not in the presence of management – to highlight that she had a ‘non-Western name.’” Id. at 10.
- The EM asked the complainant, “When is the next time you are going home? You know, home, across the ocean.” Id. at 1-2.
- In a number of instances related to the complainant’s maternity leave and her use of the Mother’s Room to express breastmilk, the EM would refer to the complainant as “mom” rather than use her actual name. Id. at 8.
- The EM made inappropriate racial remarks to the complainant in regards to an Asian American colleague’s name, using the terms “ching chong,” “ding dong,” and “ling,” instead of the colleague’s actual name. Id. at 2.
These claims, in addition to several other allegations of hostile work environment harassment related to race, national origin, and sex, were substantiated by the evidence, according to EEOC:
The record indicates that the EM exhibited a pattern of disregarding the proper pronunciation of Complainant’s name as well as Complainant’s co-worker’s name, both of whom were Asian American. The record further reflects that the EM exhibited a pattern of questioning whether the United States constituted as home for employees like Complainant who were born abroad but were also United States citizens … Additionally, the record reflects that the EM had difficulty communicating with employees who had a different racial and national origin, which resulted in Complainant being subjected to inappropriate comments based on her race and national origin over a period of time. We find these incidents were sufficiently severe and pervasive enough to constitute discriminatory harassment based on race, national origin and/or sex.
Id. at 11-12.
EEOC found the agency liable because it did not take prompt, effective corrective action. While a Supervisory Manager instructed the EM about the appropriate pronunciation of the complainant’s name, issued a non-disciplinary counseling, and told the EM to stop referring to the complainant as “mom,” EM’s conduct continued, thus proving the attempted corrective action was not effective.
Intentional mispronunciation of a coworker’s name is exactly the type of conduct that can lead to a hostile work environment, a topic we’ll be discussing in depth next week (August 7) during the two-hour training event Navigating Complex Hostile Work Environment Harassment Cases. So be sure to join us. [email protected]
Related Trainings: