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Hostile Work Environment and Retaliation Claims Revived Based Upon Discriminatory Conduct in the Workplace


Huri v. Office of the Chief Judge of the Circuit Court of Cook County - Seventh Circuit Court of Appeals


Facts:  In 2000, Fozyia Huri ("Huri") began working at the Circuit Court of Cook County ("Cook County").  During her time there, she work a hijab.  Huri alleged that Sylvia McCullum (executive director for all Cook County court system child care attendants) was unfriendly from the time they met and never bothered to introduce herself for two weeks.  Over the course of eight years, McCullum repeatedly told Huri one of her colleagues was a "good Christian" and a "good church going Christian", that the chief judge was a "good Christian" and that McCullum herself was a "good Christian".  (Modest, huh?).  In 2009, McCullum apparently told a co-worker to work with a "good Christian" rather than Huri who was "evil".  McCullum also held prayer circle gatherings at work.  As well, McCullum allegedly falsely criticized Huri, made false misconduct allegations against her,  subjected her to different rules than co-workers, screamed at her, and subjected her to greater scrutiny than co-workers.  

After Huri complained of this conduct, McCullum apparently made additional false criticisms and allegations of misconduct.  Huri was subject to other misconduct including being excluded from social events, prohibited from accessing her office early (although others were given 24 hour access), and other related misconduct.

Huri filed suit against Cook County and alleged a hostile work environment based upon her religion and national origin and retaliation for her complaints about the discrimination.  The District Court disposed of the case via a motion to dismiss on the grounds that Huri failed to state a claim upon which relief could be granted and her supervisors were entitled to qualified immunity.  Huri appealed.

Holding:  The Court of Appeals looked at the instances alleged by Huri and held that there was sufficient evidence to establish a hostile work environment claim.  Based upon many of Huri's interactions with McCullum, the Court found that given Huri's dress, it was reasonable to assume Cook County knew she was a Muslim and an Arab.  When the Court looked at the big picture, the screaming, prayer circles, being excluded from social events, criticism of non-Christians, and other related offensive treatment towards Huri, the Court held there was sufficient evidence to allow Huri's claim to proceed.

Judgment:  The Seventh Circuit Court of Appeals reversed and remanded the District Court on the grounds that based upon the facts presented, Huri had established a valid hostile work environment and retaliation claim based upon the conduct of others towards her while she worked at Cook County.

The Takeaway:  If I have ever heard of a hostile work environment and retaliation claim that should go to trial, this is it.  Look no further than the conduct of McCullum towards Huri:  constant yelling, referring to others as "good Christians" (and inferring Huri was immoral because she was Muslim), being excluded from social groups, retaliated against because of complaints about treatment while at work, etc.  This is certainly a case that the Court of Appeals got right; it is hard to believe that with facts this outrageous that the case got thrown out at the District Court level...

Majority Opinion Judge:  Chief Judge Reagan

Date:  October 21, 2015

Opinion:  media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D10-21/C:12-2217:J:Reagan:aut:T:fnOp:N:1643576:S:0

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