Discriminatory Nicknames

Law.com has an article on a 9th Circuit case that finds the use of nicknames such as "Manny" or "Hank" instead of the plaintiff's given name of Mamdouh El-Hakem was a discriminatory practice on the part of Gregg Young, the CEO of BJY Inc.

"Young intended to discriminate against El-Hakem's Arabic name in favor of a non-Arabic name," Judge Johnnie Rawlinson wrote for a three-judge panel, "first by altering Mamdouh to 'Manny' and then by changing Hakem to 'Hank.'"

The ruling is the latest taking an expansive view of the types of behavior that can constitute a hostile work environment.

Jeffrey Wohl, a partner with Paul, Hastings, Janofsky & Walker who defends employers, also agreed with the court. He said that employers should understand that differential treatment for any reason can open a company up to litigation.

"Discrimination means treating people differently and adversely because of a particular characteristic," he said. But this broad definition, he added, isn't always clear to employers.

The ultimate lesson employers should learn from the opinion, Wohl added, is that in certain situations, even the names "Manny" and "Hank" -- hardly racial epithets on their own -- can be as damaging as "the n-word."