News & Analysis as of

Harassment Slurs Hostile Environment

Kelley Drye & Warren LLP

Should Employers Adopt a One-Strike Rule for Racial Slurs?

In California, even a single racial slur by a non-management employee may now give rise to employer liability under certain circumstances. In Bailey v. San Francisco District Attorney’s Office, the California Supreme Court,...more

Manatt, Phelps & Phillips, LLP

Single Discriminatory Incident May Support FEHA Suit

Can a single incident of racial discrimination be sufficient to support a claim of Fair Employment and Housing Act (FEHA) violations? Yes, the California Supreme Court has ruled unanimously....more

U.S. Equal Employment Opportunity Commission...

J.A. Croson Pays $1.6 Million to Settle EEOC Racial Harassment and Retaliation Lawsuit

Plumbing Contractor Will Compensate Black and Hispanic Plumbers Subjected to Racially Hostile Work Environment and Retaliation - TAMPA, Fla. – J.A. Croson, a Sorrento, Florida-based plumbing and HVAC contractor, agreed to...more

Payne & Fears

July 2024 Case Summaries

Payne & Fears on

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Seyfarth Shaw LLP

Single Use of Racial Slur May Constitute Harassment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

U.S. Equal Employment Opportunity Commission...

Cavco Industries, Palm Harbor Homes and Palm Harbor Villages to Pay $135,000 to Settle EEOC Race Discrimination Lawsuit

Agency Found Manufactured Home Companies Allowed Discrimination Against a White Employee with Black Family Members - WACO, Texas – Cavco Industries, Inc.; Palm Harbor Homes, Inc.; and Palm Harbor Villages, Inc., which...more

U.S. Equal Employment Opportunity Commission...

Affordable Home Furnishings to Pay $105,000 to Settle EEOC Race Discrimination Lawsuit

Federal Agency Charges That Furniture Retailer Subjected African American Manager to a Hostile Work Environment and Fired Him When He Complained - NEW ORLEANS – Affordable Rent-to-Own, LLC, doing business as Affordable...more

U.S. Equal Employment Opportunity Commission...

Autos of Dallas Settles EEOC Race Discrimination Suit

Resolves Federal Charges Auto Sales Worker Was Given Racist ‘Trophy’ and Subjected to Taunting About Skin Color - DALLAS — AOD Ventures, Inc. doing business as Autos of Dallas, a local retailer of pre-owned vehicles in the...more

U.S. Equal Employment Opportunity Commission...

Title Loan Companies to Pay $60,000 to Settle EEOC Racial Harassment and Disability Discrimination Suit

Settles Federal Charges Employee Was Subjected to N-Word, Did Not Accommodate Her Disability, and Then Fired Her - GREENVILLE, S.C. – Georgia-based Community Loans of America, Inc. and its subsidiary, Carolina Title Loans,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tesla for Racial Harassment and Retaliation

Federal Lawsuit Alleges Black Employees Endured Open Hostility and Racism - FREMONT, Calif. – Electric car maker Tesla, Inc., violated federal law by tolerating widespread and ongoing racial harassment of its Black...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Asphalt Paving Systems for Racial Harassment

Black Employees Were Subjected to a Hostile Work Environment that Included Racial Slurs, Threatening Conduct and Humiliating Working Conditions, Federal Agency Charges - TAMPA, Fla. –– Asphalt Paving Systems, Inc. (APS),...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Cavco Industries and Palm Harbor Homes for Race Discrimination

Manufactured Home Companies Subjected Employee to Hostile Work Environment After Learning of Multi-Racial Family, Federal Agency Charges - DALLAS – Cavco Industries, Inc. and Palm Harbor Homes, Inc. violated federal law by...more

U.S. Equal Employment Opportunity Commission...

Taos Hotel Formerly Known as Whitten Inn and its Successor Settle EEOC Race and National Origin Harassment Suit

Former Owner of Whitten Hotel Accused of Racist Behavior, Federal Agency Charges - ALBUQUERQUE, N.M. – Roark-Whitten Hospitality 2, LP, doing business as the Whitten Inn, and its successor purchaser of the hotel SGI, LLC,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Domino’s Franchise for Racial Harassment, Constructive Discharge

Black Employees at Domino’s Pizza in Olean, N.Y. Subjected to Racial Slurs, Intimidation and Physical Threats, Federal Agency Charges - BUFFALO, N.Y. – Parris Pizza Company, LLC, a Domino’s Pizza franchise in Olean, New...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lakeside Plastics for Racial Harassment and Retaliation

Black Employee Subjected To Hostile Work Environment By Coworker and Fired, Federal Agency Claims - MILWAUKEE – Lakeside Plastics, a manufacturing company that produces traffic safety products, screen printing inks, and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Construction Company Goodsell/Wilkins for Harassment of Latino Workers

Workers Subjected to Racial and Sexual Harassment, Federal Agency Charges - LOS ANGELES – Orange County, California-based construction contractor Goodsell/Wilkins, Inc., violated federal law when it subjected a class of...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Racial Slur From Owner's Six-Year-Old Son is Evidence of Offensive Working Environment

​​​​​​​Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Agrees That One Use of the "N-Word" Can Create a Racially Hostile Work Environment

Over the past decade, a growing number of federal appellate circuits have heard cases asking whether a single use of a racially offensive epithet is enough to clear the bar for a hostile environment racial harassment claim...more

Parker Poe Adams & Bernstein LLP

Tesla Hit With $137 Million Jury Verdict for Racially Charged Workplace

On October 4, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. At trial, the plaintiff testified that he was repeatedly called the N-word while at work, regularly heard racial...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues General Truck Parts and Equipment Co. for Hostile Work Environment

Owner Made Frequent, Unwelcome Sexual And Racist Comments, Federal Agency Charges - CHICAGO – General Truck Parts, a supplier of new and used truck parts with a facility in Chicago, violated federal law when its owner...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues T.M.F Mooresville for Racial Harassment and Constructive Discharge at Hampton Inn

Employer Allowed Black Housekeeper to Racially Harass White Coworkers, Federal Agency Charges - MOORESVILLE, N.C. – T.M.F. Mooresville, LLC, operating as Hampton Inn & Suites in Mooresville, North Carolina, subjected white...more

Parker Poe Adams & Bernstein LLP

Racial Epithets Spoken in Spanish Created Hostile Work Environment

Most employers are aware that a supervisor’s or co-worker’s use of the N-word or similar racial epithets in the workplace can serve as the basis for a claim of racial harassment. What happens, however, when the slurs are...more

U.S. Equal Employment Opportunity Commission...

EEOC Condemns Antisemitism in Unanimous Resolution

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has unanimously approved a resolution condemning the recent violence, harassment, and acts of bias against Jewish individuals in the United States, the...more

Butler Snow LLP

'Go Back to Where You Came From': Employer Liability When Workers Say Xenophobic Things

Butler Snow LLP on

President Donald Trump’s recent Tweet suggesting that four Democratic congresswomen should “go back and help fix the totally broken and crime infested places from which they came” has sparked robust debate across the country....more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

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