Nobody should be subjected to racial slurs at work. If it happens “only” once, can an employee prevail in a harassment claim against his/her employer?
On July 29, 2024, the California Supreme Court made it clear in Bailey v. San Francisco District Attorney’s Office, 16 Cal.5th 611 (Cal. 2024) that one racial slur alone can be enough to constitute unlawful harassment under California’s Fair Employment and Housing Act (“FEHA”).
Background
The plaintiff, Twanda Bailey, an African American woman, worked as an investigative assistant at the San Francisco District Attorney’s Office. Her coworker, also an investigative assistant, made a racially offensive remark toward her after she reacted to a mouse in the office: “You [N-words] is so scary.”
When Ms. Bailey attempted to report the incident, the human resources manager, a close friend of the coworker, refused to file her complaint, discouraged her from pursuing it, and later treated her with hostility. The City’s Department of Human Resources ultimately declined to investigate, claiming that one racial comment was not enough to create a hostile work environment.
The Supreme Court’s Ruling
The Court held that the single use of a racial slur, especially the N-word, was sufficiently severe to constitute harassment, emphasizing “the odious and injurious nature of the N-word in particular, as well as other unambiguous racial epithets.” The Court also found that obstructing or intimidating an employee from trying to report harassment can qualify as retaliation, even if it does not involve termination or formal discipline.
What Employers Should Know
This case is a reminder that employers must respond immediately and seriously to any report of discrimination or harassment. Employers can protect both their employees and their organization by:
- Implementing a zero-tolerance policy toward racial slurs and other discriminatory conduct.
- Clearly communicating that policy to all employees in writing.
- Ensuring HR staff are trained to handle complaints objectively, promptly, and without bias.
Racial slurs, no matter how “isolated,” have no place in the workplace, and a failure to respond appropriately can violate California law.
Click here to read the California Supreme Court’s decision in Bailey v. San Francisco District Attorney’s Office.
If you have questions about racial harassment, call 916-612-0326 or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.