What is the test for a hostile work environment claim based on race?

MultiRegion, United States of America

The following excerpt is from Reynaga v. Roseburg Forest Prods., 847 F.3d 678 (9th Cir. 2017):

To succeed on a hostile work environment claim based on race, the plaintiff must demonstrate: "(1) that he was subjected to verbal or physical conduct of a racial ... nature; (2) that the conduct was unwelcome; and (3) that the conduct was sufficiently severe or pervasive to alter the conditions of the plaintiff's employment and create an abusive work environment." Vasquez v. Cty. of Los Angeles , 349 F.3d 634, 642 (9th Cir. 2003). It is undisputed that Efrain has met his burden on the first two elements. Therefore, to survive summary

[847 F.3d 687]

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