One “Stray Slur” Can Mean a Hostile Work Environment

If you have been subjected to a hostile work environment based on your membership in a protected class, you may be able to file a lawsuit. The experienced Los Angeles County employment discrimination attorneys at The Skapik Law Group can fight for your rights.

Although most employment discrimination cases that involve a hostile work environment have fact patterns in which the victims were often harassed, it is possible for one serious instance of harassment to be legally actionable. In one recent case, a plaintiff’s co-worker used the “n-word” directly at them, and the California Supreme Court found that it was enough to be considered a hostile work environment.

Learn more about whether the conduct that you were subjected to at work could be enough for you to seek compensation by speaking to an experienced Los Angeles County employment discrimination lawyer at The Skapik Law Group.

Many Types of Conduct Can Be Considered a Hostile Work Environment

Hostile work environment is a recognized form of discrimination. Typically, a hostile work environment means that there are conditions that are so pervasive and severe that they interfere with your ability to do your job. Usually, a hostile work environment is a pattern of conduct that occurs over time. However, there is nothing that says that a single and egregious instance of conduct cannot constitute a hostile work environment. A recent case from the California Supreme Court has confirmed that idea. One single instance of shocking and severe conduct was enough for a worker to win their discrimination case.

In the case of Bailey vs. San Francisco District Attorney’s Office, an African-American employee alleged that the employee who shared her office called her the “n- word.” This was a one-time incident that caused the employee to feel severely harassed. When the woman attempted to file a complaint over the conduct, she was threatened and obstructed. She alleged that she was told that she “was going to get it.” Not only was she racially harassed by the use of the word, but she was also subjected to intimidation by the human resources department. Accordingly, she filed a lawsuit against her employer for harassment under California law. The plaintiff appealed after the lower court granted summary judgment for her employer.

On appeal, the California Supreme Court considered the issue of whether one-time conduct could count as a hostile work environment that is severe and pervasive. The court ruled that conduct“may be actionable if it is sufficiently severe in light of the totality of the circumstances.” According to the court, a one-time use of an unambiguous racial epithet could constitute a hostile work environment.

The trial court had ruled for the defendant initially because it had found that a one-time use of this word was not enough to create a hostile work environment. Even though the word is acknowledged to be a severe form of racial harassment, the trial court based its ruling on the fact that it had only found that it occurred on a single occasion.

Whether There Is a Hostile Work Environment Depends on the Circumstances of the Case

The California Supreme Court acknowledged that there is no mathematically precise test for what may be considered a hostile work environment. However, the court delved into the totality of the circumstances that the plaintiff faced, both in dealing with this specific instance of harassment and in filing her workplace complaint. According to the Court, “the objective severity of harassment should be judged from the perspective of a reasonable person in the plaintiff’s position.” Although repeated offensive conduct is often the reason why courts rule in favor of the plaintiff in harassment cases, it is not an absolute requirement.

Here, the court held that conduct could either be severe or pervasive to be considered harassment. Under this standard, something that occurs only one time can be illegal based on its level of seriousness. Given the extreme nature of this shocking and abusive word, the Court ruled that it was enough to be harassing in nature.

The Court’s holding does not mean that every single instance of offensive conduct could be considered illegal harassment on its own. However, there are certain things that cross the line by such a large degree, that they may only need to happen once for you to have an actionable harassment lawsuit. From your standpoint, you should retain documentation of every instance of harassment and seek help from an employment attorney if you have been victimized on the job.

Contact a Los Angeles County Employment Discrimination Law Firm Today

If you believe that you have been the victim of illegal conduct on the job, speak to a Los Angeles County employment discrimination attorney at The Skapik Law Group today. You can schedule a free initial consultation with an employment discrimination lawyer by filling out an online contact form or by calling us today at (909) 398-4404.