Recent rulings by two federal appeals courts finding that just one or two specific derogatory slurs may be enough to support a hostile work environment harassment claim under federal anti-discrimination law serve as a reminder that managers and supervisors need to know and abide by employer policies designed to prevent discrimination, harassment, and retaliation.
In Castleberry v. STI Group, et al., No. 16-3131 (July 14, 2017), the Third Circuit reversed a trial court ruling, finding that a single incident of a discriminatory remark could amount to unlawful discrimination, and the act of reporting a single incident could constitute protected activity sufficient to support an unlawful retaliation claim.
In Alamo v. Bliss, et al., No. 15-2849 (July 20, 2017), the Seventh Circuit, also reversing a federal trial court ruling, found that there is “no magic number of instances or type of slur that indicates a hostile work environment,” and that “[a] severe episode that occurs as rarely as once … may violate Title VII.”
These decisions are in line with rulings issued by other federal appeals courts, and with proposed harassment guidance published by the Equal Employment Opportunity Commission (EEOC), and underscore the importance to employers of maintaining and strictly enforcing anti-discrimination policies.
Members of the Center for Workplace Compliance (CWC) can read more here.