Even a One-Time Racial Slur May be Workplace Discrimination

When it comes to employment discrimination and harassment in the workplace, courts will generally look to two factors, to see if there is an actionable case. They will look to see if the harassment or conduct complained of was either severe, or continuing.

For example, a comment or a one-time comment may not be actionable, because it is not frequent and doesn’t demonstrate a continuing pattern of harassment or the creation of a hostile work environment. On the other hand, small, moderate harassing events could give rise to an employment harassment claim, if those events happen on a regular, continuing and ongoing basis.

Likewise, one, isolated incident, that never happens again and never happened before can allow an employee to sue, if the incident is severe enough.

Is a Single Racial Slur Enough?

A question that was faced by one California court, was whether the use of one very offensive racial term, used one time, could by itself be the basis for a valid employment discrimination case.

The case arose when black and white coworkers saw a mouse in the workplace. When the black worker jumped out of her chair, the white co-worker made a comment to the black worker that included a racial insult. The black worker told numerous other co-workers about the word that was used to describe her, and complained to her employer.

While her employer did of course see the severity and offensiveness of the word, because it was a one-time comment, happening that one time in the Plaintiff’s 14 year history working there, the employer didn’t think there was enough to warrant a full investigation, apparently dismissing the happening as a one-time, isolated incident.

Lawsuit for Discrimination

After the employee sued, the employer moved to dismiss on that basis—that the employee couldn’t state a valid claim based on a one-time insult, despite the horribleness of the insult.

But the California Supreme Court disagreed, and said that the use of the racial insult was so bad, that it, by itself, could potentially form the basis of a hostile work environment discrimination and harassment case. The Court sent the case back to the lower court, for a full trial.

In doing so, the California Supreme Court also noted that it didn’t matter that the person that said the racial insult was a coworker and not a supervisor. The court also noted that the racial insult was directed at the worker—it wasn’t just overheard in the background, or used in conversation.

As far as the insult happening one time, the State Supreme Court noted that the word that was used, evinced “racial violence, brutality and subordination,” and that even one use of the word, could be enough to isolate and insult co-workers who were black, and thus, the one-time use was enough to allow the case to go to a full blown trial.

Whether harassment or discrimination where you work is isolated or continuing, call us to see if we can help. Contact the San Jose employment attorneys at the Costanzo Law Firm.

Source:

employmentlawworldview.com/california-supreme-court-says-even-a-single-slur-by-a-coworker-can-give-rise-to-employer-liability-for-hostile-work-environment-and-retaliation-us/