News & Analysis as of

Slurs Hostile Environment Employment Litigation

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...

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Finds Specific Allegation of One-Time Use of Racial Slur Sufficient to Preclude Dismissal Under Rule 12(b)(6)

On March 24, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s Federal Rule of Civil Procedure 12(b)(6) dismissal for failure to state a claim on a pro se plaintiff’s hostile work environment...more

Fisher Phillips

What’s In a Word? Maybe a Lawsuit

Fisher Phillips on

A single word may be enough to land your dealership at the receiving end of a lawsuit – maybe even a jury trial. Especially, as an Illinois dealership recently learned, if that word is the most egregious racial epithet in the...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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Title VII Does Not Require Termination of Co-Worker for Racist Joke

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the legal bar for plaintiffs to demonstrate a hostile work environment based on...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

Fourth Circuit Finds Two Race Discrimination Claims Failed to Allege Sufficiently Hostile Work Conditions

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has lowered the bar for plaintiffs to take racial harassment claims to a jury trial when the alleged conduct involved use...more

Parker Poe Adams & Bernstein LLP

Supervisor Overhearing Racist Remarks Makes Employer Potentially Liable for Harassment

Over the past decade federal courts have demonstrated a decreasing willingness to tolerate the use of racist language in the workplace. In repeated circumstances, courts have found even a single use of a racial slur...more

Parker Poe Adams & Bernstein LLP

Even Rhetorical Use of the "N-Word" Sufficient to Allow Racial Harassment Claim to Go to Jury

Over the past several years, we have reported an increasing number of federal appeals court decisions that have characterized even single instances of certain racial slurs as sufficient to constitute hostile environment...more

Dorsey & Whitney LLP

The “N-word,” the “Black Monkey Girl,” and the “Confident, African American Male”: Workplace Language and Hostile Environment...

Dorsey & Whitney LLP on

It is one of the nightmare scenarios for any HR Department or in-house employment counsel: A white employee directing crude, vicious, racially charged slurs at an African-American employee. Perhaps the most inflammatory of...more

Seyfarth Shaw LLP

Words Matter: The Third Circuit Clarifies That a Single Racial Slur in the Workplace May Be Enough to State a Hostile Work...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Telling African-American employees “that if they had ‘n—– rigged’ the fence, they would be fired” may be enough, standing alone, to state a hostile work environment claim....more

U.S. Equal Employment Opportunity Commission...

JL Schwieters Construction to Pay $125,000 To Settle EEOC Race Harassment Lawsuit

Company Subjected Black Employees to Noose, Threats and Racial Slurs, Federal Agency Charged - MINNEAPOLIS - A Hugo, Minn., construction company will pay $125,000 to settle a racial harassment lawsuit filed by the U.S....more

Blank Rome LLP

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

Blank Rome LLP on

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a...more

Saul Ewing LLP

Third Circuit Reminds Employers That an Isolated Act of Harassment Can Land Them in Hot Water

Saul Ewing LLP on

In a decision issued July 14, 2017, the Third Circuit clarified that to prevail on workplace harassment claims, plaintiffs must show that the conduct was “severe or pervasive”—not “severe and pervasive” or “pervasive and...more

McNees Wallace & Nurick LLC

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid...more

Bradley Arant Boult Cummings LLP

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

U.S. Equal Employment Opportunity Commission...

Hiatt & Mason Enterprises to Pay $35,000 to Settle EEOC Racial Harassment Lawsuit

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charged - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide...more

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