Case: 09-10183 Document: 00511475175 Page: 10 Date Filed: 05/12/2011
racial group is not much support for the plaintiff’s claim. There at least needs to be evidence that the hostility towards a racial group different than that of a plaintiff is in some fashion probative of the claim of hostility towards the plaintiff’s category of workers.
Hernandez and Trevino had evidence of specific incidences of workplace hostility towards black employees. Nonetheless, such incidents were neither “physically threatening or humiliating” towards Hernandez and Trevino, nor did the harassment “unreasonably interfere with [their] work performance.” Id. We agree with the district court that the evidence that was offered of a hostile environment for black employees did not transform what was an otherwise insufficient case of a hostile work environment experienced by these two Hispanic employees into one that could survive summary judgment.
We also do not consider the various incidents of harassment not based on race. See id. Hernandez and Trevino argue this court has examined incidents of non-race-based harassment when determining whether the harassment experienced under a hostile work environment claim was sufficiently severe or pervasive. See E.E.O.C. v. WC&M Enters., Inc., 496 F.3d 393 (5th Cir. 2007). In that decision, though, the court examined a particular perpetrator’s non-national-origin-based harassment in the context of his other acts of national-origin-based harassment. Id. at 400. The court determined that a factfinder could reasonably conclude a coworker’s frequent banging on the glass partition of the plaintiff’s office was motivated by animus related to the plaintiff’s national origin because that same coworker had constantly called the plaintiff “Arab” for approximately a year. Id. at 400-01. Hernandez and Trevino did not have evidence that the alleged non-race-based harassment was part of a pattern of race-based harassment.
We affirm the district court’s grant of summary judgment as to Hernandez and Trevino’s claims of hostile work environment.