Anti-Cuban Slurs Spur Trial on Tree Trimmer’s Harassment Claim

A company that trims trees and vegetation for the utility industry may have subjected a crew member to a hostile work environment through his supervisor’s allegedly daily, open vulgarities disparaging Cubans, the Eleventh Circuit ruled Tuesday.

A trial judge mistakenly found Alexis Fernandez lacked sufficient evidence to convince a jury the abuse he says he faced at the hands of Trees Inc. supervisor Adam Soto was severe or pervasive enough to be objectively harassing, the court said. Soto allegedly began making comments, including “shitty Cubans” and “crying, whining Cubans,” after getting into a fight with another Cuban worker, the court ...