No employee should ever be subjected to racial epithets or race-based slurs in the workplace. However, simply because such racial epithets or race-based slurs are uttered to or in the presence of a Black employee does not mean that the employee will win a claim for race/color discrimination or harassment. Whether an employee can win a racial discrimination claim is based on a lot of legal factors, including who said the racially discriminatory slurs, the frequency of the slurs, if the offensive conduct was reported, and what actions were taken as a result.
A good example can be found in the recently decided Gladden v. Ambler Healthcare Grp., LLC, No. 22-3432, 2024 WL 260960 (3d Cir. Jan. 24, 2024). In this case, Stefan Gladden, who is Black, worked for Ambler as a dietary aide starting on August 2019. During his employment, Gladden received verbal and written discipline related to his attendance, job performance, and interactions with co-workers. Each time, Gladden was warned that he faced further disciplinary action—up to termination of his employment—if he continued to violate Ambler’s policies.
Also while working at Amber, a co-worker called Gladden a “monkey.” The first two times the co-worker used the “monkey” slur, Gladden testified that he was “shocked” and “dumbfounded,” but that he “let it go” and never reported the behavior to anyone in Ambler management. He also did not tell the co-worker that he found the term offensive nor asked him to stop. During a heated argument with the coworker, Gladden called him a “murderer” and the co-worker again called him a “monkey.” Gladden’s direct supervisor and Ambler’s administrator observed the altercation. In a meeting to address this altercation, the administrator, warned both employees not to engage in similar behavior again. Both employees admitted fault and “promised to work together going forward.” The co-worker never again called him a “monkey” after this meeting.
Shortly after on January 3, 2021, Gladden admittedly he left work early and left unfinished work for his co-workers complete. This was the same type of behavior he was repeatedly warned about. Ambler fired Gladdon the next day.
Gladden sued for a hostile work environment based race discrimination and retaliation leading to his wrongful termination.
How do you prove you work in a racially hostile environment?
To prove that there is a racially hostile work environment under Title VII of the Civil Rights Act of 1964, an employee must provide evidence supporting several key elements, including:
- Membership in a Protected Class: The employee must belong to a racial or ethnic group that is protected under Title VII, which includes race.
- Unwelcome Conduct: The employee was subjected to unwelcome verbal or physical conduct based on their race. Examples of unwelcome conduct in the workplace may include, racial slurs, derogatory comments, offensive jokes, or any behavior that creates a hostile or intimidating environment based on an individual’s race.
- Severity or Pervasiveness: The conduct must be severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Isolated incidents may not be sufficient unless they are extremely severe. The hostile conduct must have had a negative impact on the individual’s work environment, making it difficult if not impossible for them to perform their job. The “severity or pervasiveness” is based on both a subjective and objective standard, meaning the racial conduct would have had an actual severe or pervasive detrimental affect on the complaining employee as well as a reasonable person placed in those circumstances.
- Employer Knowledge or Liability: The employer must have actual or implied knowledge of the racially hostile conduct. This is why reporting (and documenting the reporting) of race discrimination is key.
- Failure to Address or Prevent: The employee must show that the employer failed to take reasonable steps to prevent or promptly correct the racially harassing or hostile behavior. This could include a lack of anti-discrimination policies, inadequate training, or insufficient response to complaints.
Gladden lost his racial hostile work environment claim because the United States Court of Appeals for the Third Circuit held that three isolated incidences of a co-worker uttering the word “monkey” were not subjectively nor objectively severe nor pervasive. Gladden’s admission that he did not think it was sufficient enough to report and that he quickly “got over it” doomed his claim. The Third Circuit Court of Appeals held that there is “nothing in the record to show that these comments … unreasonably interfered with Gladden’s work performance, discouraged him from ‘remaining on the job,’ or interfered with advancement.” Id. at * 2.
Not done, the Third Circuit Court of Appeals rejected Gladden’s argument that the employer failed to properly address or prevent the conduct:
“Ambler management convened a meeting to address the conflict between Gladden and his co-worker and the slur was not uttered after that. … The employer cannot be liable under Title VII if its remedial action stopped the harassment.”
Id.
Best Race Discrimination Lawyer Blogs on Point:
- What Is Considered A Racially Hostile Work Environment?
- How Do I Prove My Hostile Work Environment Claim?
- Racial Discrimination: Defendant Who Argued That The Term “N*gg*r” and “Monkey” Not “Slurs But, Rather, As Terms Of Endearment” Shockingly Loses, Pays Large Sum Of Money.
How do you prove retaliation for reporting race discrimination?
To establish a prima case of retaliation for reporting race discrimination under Title VII, and employee must present evidence of:
- Engagement in Protected Activity: The employee must have engaged in a protected activity, such as reporting race discrimination, filing a complaint, or participating in an investigation regarding workplace discrimination. Again, it is always important to document such race discrimination complaint or other protected activity.
- Adverse Employment Action: The employer took an adverse employment action against the employee, such as termination, demotion, suspension, reduction in pay, or any significant negative change in employment status.
- Causal Connection: The employee must establish a causal connection between the protected activity (reporting race discrimination) and the adverse employment action, indicating that the retaliation was in response to the protected activity. This can be shown by direct evidence or admission that the action is connected or by demonstrating that the adverse action, such as the termination, was taken either contemporaneous with or shortly after the protected activity.
If the employee can produce sufficient evidence of these elements, the burden will shift to the employer to provide a justifiable business reason unrelated to the protected activity for taking the adverse action. At that point, the employee is given the opportunity to present evidence that that stated reason by the employer is pretext, meaning that the reason given was false, insufficient, or did not truly motivate the employer. If the employee gets to this step and can prove pretext, the employee wins the retaliation claim.
In Gladden, the Third Circuit Court of Appeals affirmed the dismissal of Gladden’s retaliation claim because he failed to prove the first element:
“At no point did Gladden present evidence that he made a complaint of any nature at any time, including during the meeting with his co-worker, his supervisor, and Ambler’s administrator.”
Id. at *1.
The morale of this holding is that an employee needs to complaint and be able to prove that such complaint was made so as to be protected from retaliation.
And while the Third Circuit did not reach the issue, it is also likely that that Gladden would not have been able to prove pretext since he admitted to continuing to leave work early without completing his assignments despite being warned multiple times that such conduct would result in his termination of employment.
Best Workplace Retaliation Attorney Blogs on Point:
- Don’t Wait To Report Workplace Discrimination And Harassment
- If You Don’t Report Workplace Harassment, You Might Lose Your Claim
- You Can Win Retaliation Claims Even If You Lose Discrimination Claims
- How Do You Prove Causation In A Retaliation Claim?
- Employment Retaliation Cannot Be Based On Protected Conduct The Employer Never Knew About
What should I do if I’m in a racially hostile work environment?
Whether you are still working, were forced to quit, or were fired after complaining about a racially hostile work environment, you need legal help. Employment discrimination laws are complex. Spitz, The Employees Law Firm, stands out as the ideal choice for pursuing a hostile race discrimination and retaliation claims, because our employee’s rights attorney focus exclusively in employment law, and our team of attorneys possesses a deep understanding of the nuances surrounding discrimination and retaliation cases. With a focus on representing employees, they have likely handled numerous similar cases and can leverage their experience to build a strong and compelling argument on behalf of the client. Moreover, Spitz distinguishes itself with its “no fee guarantee.” This means that clients will not be charged any legal fees unless our wrongful termination lawyers successfully resolves the case in your favor. This commitment not only demonstrates the firm’s confidence in their ability to achieve positive outcomes but also alleviates the financial concerns of the employee. In essence, the employee can pursue justice without worrying about upfront legal costs, making legal representation more accessible and inclusive.
Disclaimer
The information in this blog is for general informational purposes and should not be considered legal advice. Each case involving race discrimination, wrongful termination, and retaliation is unique, and consulting a qualified employment attorney is crucial for tailored guidance. Reading this blog does not create an attorney-client relationship with Spitz, The Employees Law Firm, and the content may not reflect the most recent legal developments. Past case results do not guarantee similar outcomes in future cases. Avoid sharing confidential information in comments, and external links are provided for additional information, with Spitz, The Employees Law Firm, not responsible for their content. For personalized legal advice, contact our firm for a confidential consultation.