Turtle Talk

Here is the opinion in EEOC v. Patterson-Uti Drilling (D. Colo.) (well, the magistrate report anyway).

EEOC v Patterson-Uti Drilling

An excerpt:

Considering the evidence in the light most favorable to Plaintiff, and especially considering this last point of guidance from the Tenth Circuit, I find that there is a genuine issue of fact as to whether Alveshere was a victim of a hostile work environment. Plaintiff has presented evidence that during Alveshere’s employment with Defendant, he was harassed persistently by his coworker Neil Hockinson and by his part-time supervisor Chris Angelo. (See Alveshere Dep. ¹ 90-102; Resp. Ex. 4 at 14; Ex. 6 at 2-3.) This evidence, including that of Hockinson’s harassment that was constant while it lasted and Angelo’s racist comments and harsh treatment throughout Alveshere’s employment, demonstrates more than “a few isolated incidents of racial enmity or sporadic racial slurs” and instead constitutes “a steady barrage of opprobrious racial comments.” Herrera, 474 F.3d at 680; see also Smith v. Nw. Fin. Acceptance, Inc., 129 F.3d 1408, 1414-15 (10th Cir. 1997). I note that any hearsay statements included among this evidence are admissible at trial as Defendant’s admissions.See Fed. R. Evid. 801(d); Gross v. Burggraf Constr. Co., 53 F.3d 1531, 1541-42 (10th Cir. 1995). Plaintiff has also presented evidence that the harassment affected him physically and emotionally, including while he was at work. (Resp. Ex. 5 at 7-8.) Accordingly, I find that there is evidence that the harassment altered the conditions of Alveshere’s employment and created an abusive working environment.