.Marion Pham is a nurse of Vietnamese ancestry. The staff of the ward in which s
ID: 1217435 • Letter: #
Question
.Marion Pham is a nurse of Vietnamese ancestry. The staff of the ward in which she has worked for many years at the Astral Hospital Center is very culturally diverse. Although no one has ever demonstrated overt hostility toward her because of her race or color, she has noticed that over the years, it is usually the Asian employees who are made the brunt of practical jokes or ridiculed. At one time or another, she has observed just about every employee on the ward, including other Asian staff members, as well as the head nurse, engage in such behavior. Each time this happens, Marion experiences a strong sense of hurt and ostracism. Otherwise, everyone on the ward is helpful and courteous to her and she is frequently asked to participate in off-work social activities with coworkers. Is this situation at Astral legally actionable, on the basis of racial harassment?(Employment Law for Business, 8th edition)
Explanation / Answer
Answer :
Definition : Racial Harassment is an act designed to intimidate, humiliate, ridicule or undermine the confidence of a person by reason of a person's race, colour, nationality, ethnic or national origins, religion or belief.
Further, Racial harassment also covers within itself Many different kinds of conduct such as verbal, physical, non verbal and visual that are of a racial nature may be racial harassment, if the behavior is unwelcome and if it is severe or pervasive. However, courts have resisted adopting what they consider a workplace "code of conduct" or list of behavior that is automatically considered to be racial harassment.
Since, in the given question Marion Pham is not harassed on the basis of her race or color nor is she personally pointed out in making jokes or ridiculed, Thus, On the basis of law relating to racial harassment, it cannot be considered legally actionable.
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