The Fourth Circuit has decided that a white supervisor calling a black employee a porch monkey twice in the course of two days did not create a racially hostile work environment sufficient to give rise to a hostile environment claim. It seems this decision is at odds with a decision from the D.C. Court of Appeals holding that calling an employee a nigger once is sufficient to create a racially hostile work environment. Do you agree that the two decisions are in conflict? Or, is there some valid distinction between the two epithets in question such that a black employee should be protected from being called a nigger, but made to endure being called a porch monkey multiple times? https://courtlistener/ca4/eGT8/reya-boyer-liberto-v-fontainebleau-corporation/
Posted on: Fri, 16 May 2014 18:52:00 +0000
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