Growing Up Grotti

October 16, 2009 4 COMMENTS

Litigation Value: Oscar’s damages–climbing; diversity and harassment training from a trained professional–$2,000; backing off the mafia–priceless.

It’s a new episode of The Office that has Michael, Dwight, and Andy convinced that an insurance salesman is part of the mafia based on “his southern Italian heritage.”  While it was entertaining for viewers to watch the trio (and Pat the Mechanic) battle a perceived low-level mafia shakedown, it is certainly not office-appropriate conduct.  Looks like our friends at Dunder Mifflin need a refresher on national origin discrimination, and I am sure Oscar would agree.  National origin is not limited to the country where a person was born, but it also includes the country from which a person’s ancestors came.  In addition, national origin discrimination can include discrimination because the individual possesses the physical, cultural, or linguistic characteristics of a national origin group.  An employee’s objective appearance can form the basis for an unlawful discrimination claim.  For example, the Third Circuit found that an employee was discriminated against as Hispanic even though the employee regarded himself as a Sephardic Jew.

Although Mr. Grotti does not have a national origin discrimination claim (given that he is not a Dunder Mifflin employee), Dunder Mifflin should strongly consider diversity and harassment training, because this is not the first time Michael has exhibited a lack of sensitivity when it comes to an individual’s national origin.  For example, I am sure most of us remember Michael asking Oscar if there is a “less offensive” term for “Mexican” or when Michael told everyone that Oscar was the voice of the Taco Bell dog.

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