Undoubtedly, most, if not all, laypersons, and even most lawyers, who read the title of this post will instantly wonder how any court could not find a hostile work environment claim to have merit when a noose is discovered in the workplace by an African-American employee. I often find myself in very difficult phone call consultations with people when I have to hear their very difficult work situations and then have to explain the law to them. Indeed, some of these callers hang up on me as if I do not know what I am talking about and they do not want to hear it anymore. However, as this case highlights, plaintiffs in discrimination, harassment and hostile work environment cases, have very difficult burdens to meet.
Read more here from Wisconsin Employment & Labor Law blog.