NO RACIAL EPITHETS Keep Harassment and Retaliation Out of the Workplace « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

NO RACIAL EPITHETS
Keep Harassment and Retaliation Out of the Workplace

California’s Fair Employment and Housing Act (FEHA)   * forbids harassment against employees that alters the conditions of employment resulting in an abusive work environment; and * prohibits retaliation for complaining of harassment.  To rise to the level of unlawful harassment, the behavior must be severe or pervasive.

The California Supreme Court recently held in Bailey v. San Francisco District Attorney’s Office that a single racial epithet can be severe enough to violate FEHA.

In Bailey, Saras Larkin, a co-worker who shared an office with Twanda Bailey, an African American employee of the San Francisco District Attorney’s Office, called Ms. Bailey the N-word, causing her great emotional distress. The two shared an office and work duties and had to cover for each other, making it impossible for Ms. Bailey to distance herself from Ms. Larkin.

The court stated that “unambiguous racial epithets,” including “the N-word in particular,” are “odious and injurious” and that an employer could be liable for such conduct by co-workers as well as supervisors.  The issue addressed was whether the co-worker’s “one-time use of the N-word was, under the totality of the circumstances, sufficiently severe as to create a hostile environment.”

When senior management learned of the situation and investigated, it concluded that a single racial slur was insufficient to cause an abusive work environment.  The trial and appeals courts agreed.  The California Supreme Court disagreed and sent the case back for the Court of Appeal to address the issues, including whether bad behavior by the DA’s personnel director towards Ms. Bailey after this incident constituted retaliation.

Take-Aways:

Employers need to take seriously complaints of discrimination and harassment and steer clear of retaliation when employees report such issues.  They must provide the required harassment training to all employees.  Among other resources, the Bowles Law Firm offers online and in-person harassment training, an annual Employment Law Seminar that includes training on this subject, and a Handbook that lays out the required rules on harassment and discrimination and how to field reports that have occurred.  See links below.

For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.

See Also:

Helena Kobrin
October 25, 2024

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