One Use of the “N-word” Lands an Employer in a Jury Trial – Lessons to Learn
One instance of a coworker directing the “N-word” to a Black employee can rise to the level of being so severe as to make for a racially hostile work environment in violation of the California Fair Employment and Housing Act (“FEHA”), the state Supreme Court recently ruled. The case is a valuable reminder for employers of mistakes not to make in evaluating harassment allegations. The California Supreme Court’s decision in Bailey v. San Francisco District Attorney’s Office involved two investigative assistants in the District Attorney’s Office. The Plaintiff was Black, and her coworker was not. On one occasion, the coworker told the Plaintiff that she saw a mouse run under the Plaintiff’s desk. Plaintiff “was startled and jumped out of her chair,” the Supreme Court wrote. The coworker then “walked up to [Plaintiff] and quietly said, ‘ You ‘N-words’ is so scary .’” Plaintiff immediately left her office and – “crying and upse...