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· 8/17/2018

Peggy A. Berg v. SSA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that explicitly racial comments were not sufficiently severe to establish a hostile work environment
  • holding that obviously racial comments, including being greeted with “Hey Arabia Nights” or “Hey, Big Egypt” and condescending questions about technology in the plaintiff’s home country, were not so severe as to make a hostile work environment
  • explaining that plaintiffs final burden requires proving that “the protected status of the plaintiff was the determinative factor of the adverse employment action” (emphasis added)
  • affirming dismissal of NJLAD claims based on race, religion, and creed because plaintiff failed to demonstrate employer’s nondiscriminatory reason for termination was pretextual
  • isolated references to Egyptian employee as “Arabia Nights,” “Big Egypt,” and “Mufasa” or “Mufasa Ali” were not “so pervasive that they altered the working environment”
  • “isolated” offensive greetings and one comment regarding appellant’s home country, with “no evidence that [perpetrator] made these comments in the presence of other employees with an attitude of prejudice” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).

Judges: Rovner

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.