A single offensive comment by a co-worker typically isn’t enough to leave you paying out a costly judgment for a hostile work environment suit. But as a recent case demonstrates, when a supervisor who has been abusive makes the remark, the result may be different.
Employee Suffers Abuse
Glenda Dee, who is Filipino, was a product specialist for Vintage Petroleum. Dee claimed supervisor Paul Strickland subjected her to ongoing abuse. Strickland allegedly required Dee to discuss personal matters with him as opposed to the personnel department. Dee claimed he repeatedly called her a”bitch” and told her he could have her terminated because his friend was the chairman of the board.
400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know.
Strickland also reportedly asked Dee to lie about company business and to secretly take a document from another supervisor’s desk. On one occasion, when Dee said she wouldn’t lie to the supervisor as Strickland requested, Strickland allegedly said,”Well, what are you, a Filipino?” and “Well, it is your Filipino understanding versus mine.”
Harassment Lawsuit Filed
Dee eventually left work claiming posttraumatic stress because of Strickland’s conduct, and she sued Vintage Petroleum for race and national origin harassment.
One Comment Is Enough
A California Court of Appeal has now ruled that Dee can take her case to a jury. The court explained that when a supervisor, as opposed to a co-worker, makes an ethnic slur, one remark might be enough to establish a hostile work environment. That Strickland made his ethnic slur—which the court characterized as abusive and hostile—after Dee refused to lie suggested Strickland wished to intimidate Dee so she wouldn’t complain to higher management about his conduct, the court found. What’s more, said the court, a jury could infer the racial slur wasn’t an isolated event because it explained why Strickland created an abusive work environment for Dee in particular, he was biased against her.
Avoiding Problems
Although the court emphasized that a supervisor’s single racial slur could lead to employer liability, a close look at the decision makes it clear that what really led to Vintage Petroleum’s problems wasn’t just the slur but also the supervisor’s ongoing abusive treatment of the employee. To avoid this kind of situation, it’s critical to provide thorough anti-harassment training to your supervisory team.
Another key to protecting yourself is ensuring that employees can complain to someone outside of their direct line of supervision before an abusive situation gets out of hand. Distribute and post an antiharassment policy, and provide employees with the names and telephone numbers of people within the company they should contact with complaints. Promptly investigate complaints and keep thorough records of your findings.