News & Analysis as of

Slurs Employer Liability Issues Hostile Environment

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

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

Genova Burns LLC

NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment Claims

Genova Burns LLC on

After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios...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

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

U.S. Equal Employment Opportunity Commission...

Nabors Corporate Services and C&J Well Services Settle EEOC Race Discrimination Suit for $1.2 Million

Oilfield Services Company Discriminated Against Black Workers, Subjecting them to a Hostile Work Environment, Denying them High Paying Assignments, and Retaliating Against those who Complained, Agency Alleged - SAN...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

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

Zuckerman Spaeder LLP

Is It Workplace Harassment to Tell an Employee to Go Back Where She Came From?

Zuckerman Spaeder LLP on

Last week, President Trump made headlines when he tweeted that “‘progressive’ Democrat Congresswomen … originally came from countries” that were “totally broken and crime infested,” and that they should “go back” to the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues George W. Morosani and Associates, LLC for Retaliation

Company Fired Employee Because He Complained Supervisor Used Racial Slurs, Federal Agency Charges - ASHEVILLE, N.C. - George W. Morosani and Associates, LLC, a North Carolina limited liability company headquartered in...more

U.S. Equal Employment Opportunity Commission...

Pape Material Handling to Pay $650,000 to Settle EEOC National Origin Harassment Lawsuit

Company Failed to Address Racial Slurs and Harassment of Hispanics, Federal Agency Charged - FRESNO, Calif. - Pape Material Handling, Inc., a nationwide company that sells, rents, and services forklift products, will pay...more

U.S. Equal Employment Opportunity Commission...

A & F Fire Protection to Pay $407,500 to Settle EEOC Race Discrimination and Retaliation Suit

Employer Allowed Racially Hostile Work Environment and Punished employees for Complaining, Federal Agency Charged - NEW YORK - A & F Fire Protection Co., Inc., a fire sprinkler and fire standpipe contractor located in...more

Bradley Arant Boult Cummings LLP

Once Is Enough: Tennessee Federal Court Rules Single Use of ‘N-Word’ By Co-Worker Sufficient to Get Hostile Work Environment Claim...

Usually, once is not enough, at least in the hostile work environment context. Unless, as the court found in Ronnie L. Outlaw v. SBH Services, Inc., it is. Typically, a single incident of harassment – especially by a...more

U.S. Equal Employment Opportunity Commission...

Murex Petroleum Corp. to Pay $50,000 to Settle EEOC Racial Harassment Lawsuit

Oil and Gas Company Subjected Employee to Racial Harassment, Federal Agency Charged - MINNEAPOLIS - A Texas-based oil and gas company operating in Tioga, N.D., will pay $50,000 and furnish other relief to settle a racial...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lancaster’s BBG& Wings for Racial Harassment And Constructive Discharge

Black Employee Had to Quit Due to Racial Slurs and Harassment, Federal Agency Charges - STATESVILLE, N.C. - Joe's Old Fashioned Bar-B-Que, Inc., doing business as Lancaster's BBQ & Wings, a North Carolina corporation,...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Riddle Painting and Coatings For Racial and Sexual Harassment

Employer Tolerated Repeated Verbal and Physical Racial and Sexual Harassment, Federal Agency Charges - PHOENIX - Riddle Painting and Coatings, an Arizona industrial and commercial painting company, violated federal law...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues on The Border Mexican Grill & Cantina for Race Harassment Against African-American Cook

Workers at Holtsville Restaurant Used Abusive Language Toward Black Chef, and Restaurant Failed to Stop Harassment, Federal Agency Says - NEW YORK - A popular Tex-Mex restaurant violated federal law when it engaged in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Murex Petroleum Corp. For Race Discrimination

Texas-Based Oil and Gas Company Subjected Employee to Racial Abuse, Federal Agency Charged - MINNEAPOLIS - A Texas-based oil and gas company, operating in Tioga, N.D., violated civil rights law by subjecting an...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

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