Posted on 09/21/2005 9:40:08 AM PDT by Piledriver
Shakespeare didn’t think names were important. The Ninth Circuit, however, disagrees with the Bard. by John Canoni.
August 02, 2005 Shakespeare didn't think names were important. In Romeo and Juliet, he observed “That which we call a rose by any other name would smell as sweet.” The Ninth Circuit, however, disagrees with the Bard. In El-Hakem v. BJY, Inc.,[1] the court upheld a jury verdict against an engineering firm CEO who insisted on calling an Arab employee, Mamdouh El-Hakem, “Manny” and “Hank” despite El-Hakem’s strenuous objections over a period of almost a year.
The CEO, Gregg Young, asserted a “Western” name would “increase El-Hakem’s chances for success and would be more acceptable to BJY’s clientele.” When El-Hakem objected to being called “Manny” instead of his first name, Mamdouh, and suggested Young call him by his last name, El-Hakem, Young instead switched to another “Western” name, “Hank.” The jury found Young's conduct created a hostile work environment. The Ninth Circuit affirmed this finding, noting that, while Young's conduct “may not have been especially severe,” it was frequent and pervasive. The harassment stopped only when BJY closed the office where El-Hakem worked.
BJY argued these facts did not make out a proper Section 1981 claim because neither “Manny” nor “Hank” were racial epithets. The court swiftly dismissed that defense, pointing to the 1987 Supreme Court decision in Saint Francis College v. Al-Khazraji,[2] where the Court held Section 1981 also covered “persons who are subjected to intentional discrimination solely because of their ancestry or ethnic characteristics.”
Names are important, the Ninth Circuit held (“a group’s ethnic characteristics encompass more than its members’ skin color and physical traits”). The court could have cited literary authority that disagreed with Shakespeare (e.g., “The beginning of wisdom is to call things by their right names,” Chinese proverb, and “A good name is better than precious ointment,” Ecclesiastes 7.1).
Young’s persistent harassment was costly. The jury awarded El-Hakem $15,000 in compensatory damages, $15,000 in punitive damages, and an undisclosed amount in attorney’s fees. BJY got off lightly because the trial court (following a five-day trial) failed to give the jury a vicarious liability instruction. While the district court later amended the judgment to impose vicarious liability on BJY, the jury would likely have awarded much higher punitive damages against the company than the $15,000 they awarded against Young, then the only defendant before them.
This case reminds us that actionable harassment can be either severe or pervasive and that simply treating an employee differently than his/her coworkers can precipitate a discrimination case. What may appear to be trivial to some (such as Gregg Young, for example) can nonetheless lead to liability against both the individual executive and the company. Antiharassment training needs to reach the Gregg Youngs of the world. Trainers should definitely quote the Ninth Circuit, not Shakespeare.
"Trainers should definitely quote the Ninth Circuit, not Shakespeare."
Citizens should vote out the socialists who enacted these laws and vote in people who will remove such laws and shut down such agencies.
I don't know about the legality of this action, but it seems to me that someone should be able to insist on being called by their right name. I do sympathize with these fellows.
Calling somebody by a name he objects to may be rude, but actionable? Seems to me that an employer should be able to say, "You'll answer to Dogpoop McBoogereater if you want to work here," and if an employee finds that objectionable, he's welcome to seek another place to work.
just call him Tawil Hed..
Most Japanese who work here take on a western name to make it easier on us. Muslims are too darned sensitive. Just another reason why I'd never hire one.
Actually, I think "this case reminds us" that the overwhelming majority of lawyers are parasites who are royally screwing up this nation!
If names are important, why is a jail now called a "correctional institution"?
If names are important, why is welfare now called "transitional assistance"?
If names are important, why are freaks now called "transgendered individuals"?
That's if the employee's intention is to be polite and friendly! :-)
Yes, especially rag head. They don't wear rags, but sheets. Small sheets. Therefore, the correct name is "Small Sheet Head".
It was explained already, I think on this board.
you can sue for this? what's the statute of limitations? how much should i sue for? i'm offended by all the people constantly who are writing my name "Jonothon" instead of "Jonathan" and often call me "John". i find this horribly demeaning. i was named for Jonathan, who, in the bible, was God's gift to David, as a loyal friend, i was not named for John the Baptist, the saint that baptized Jesus.
crap, that will never work, if i bring up the bible in a court (except for the part where i have to swear on it) i'll lose.
"Calling somebody by a name he objects to may be rude, but actionable? Seems to me that an employer should be able to say, "You'll answer to Dogpoop McBoogereater if you want to work here," and if an employee finds that objectionable, he's welcome to seek another place to work."
I think it was quite a strech for them to sue over this as a racial incident.
I agree that it's rude to call someone by a nickname they don't like. The employer is an idiot. However, I have to agree that it doesn't seem like this should be actionable. It sounds like the gentleman should have found another job where he didn't have to work for that particular type of idiot.
IIRC, Shakespeare had some less than flattering things to say about lawyers...
Not sure about the legal aspects, but whatta jerk calling someone by a name they don't want to be called by. It's uncool and demeaning - nicknames are fine if the person in question is alright with them, but for a superior to continually call a subordinate a nickname that the sub doesn't like smacks of a superiority complex to me.
I've had that experience as well. However, in this particular case the complainant doesn't seem to have a name that's particularly hard to pronounce.
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