No, Judge, The “N-Word” Is Not – And Never Will Be -A Term Of Endearment

Is This Racial Discrimination And Harassment At Work?

In Jason Jones v. Fluor Facility & Plant Services, 2025 WL 707869 (6th Cir. 2025), Jason Jones, an African American maintenance worker, was subjected to blatant racial harassment by his white coworkers at Fluor Facility & Plant Services.

Jones was the only Black employee on the night shift, and from the time he started, he faced relentless race discrimination. His white coworkers frequently commented on his skin color, called him “boy”, and made racial stereotypes suggesting he must be a rapper or basketball player because he was Black. In November 2020, a white coworker, Alex Walpole, referred to Jones as a “n*gger” in front of others. Another coworker, Tim Bowersock, repeatedly pressured Jones into making racist jokes about white people in front of the staff.

After Jones’ supervisor, Mark Thornberry, became fed up with the harassment, he held a meeting on November 9, 2020, telling the crew to stop their racist behavior. Instead of acknowledging wrongdoing, a white coworker, Joe Fleming, defended the use of racial slurs at work, arguing that the n-word was acceptable because, in construction, it was a “natural term that we use around here.” Certainly, if the n-word is so naturally and frequently used, that in and of itself would create a hostile working environment, right?

The harassment did not stop. The very next day after the race discrimination was addressed, Bowersock threw a wad of grease on Jones’ car windshield while Jones sat inside. Jones was also ostracized by his white coworkers—who refused to communicate with him about work tasks, left the breakroom when he entered, and refused to let him ride in shared work vehicles even when space was available. Can you say retaliation? This behavior continued for months.

Jones again reported the racial harassment to Fluor’s Human Resources Department in March 2021, but HR dismissed the conduct as mere “joking around.” No meaningful action was taken, and the harassment persisted against the only Black employee.

Jones filed a lawsuit under Title VII of the Civil Rights Act of 1964 and the Kentucky Civil Rights Act, alleging a racially hostile work environment and retaliation. Does this seems like a clear winner to you?

If you think this is clearly racial harassment and a race-based hostile work environment, you are not alone. But shockingly, the United States District Court for the Western District of Kentucky ruled that this was not severe or pervasive enough to be a racially hostile work environment under Title VII of the Civil Rights Act or the Kentucky Civil Rights Act. Yes, seriously.

Luckily, the United States Court of Appeals for the Sixth Circuit saw the obvious problem with that ruling, jumped in, and reversed the decision. Let’s break down how the Court of Appeals corrected this blatant mistake.

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How Did The District Court Get It So Wrong?

The district court granted summary judgment for the employer, meaning it ruled in favor of Fluor Facility & Plant Services without even letting a jury hear the case. The court dismissed Jason Jones’ claims with prejudice, stating that the racial harassment he endured was not “severe or pervasive” enough to be illegal.

The district court downplayed nearly every aspect of Jones’ claims, including:

• Stating that being called the n-word was used as a “term of endearment” or just an “offensive utterance” and not necessarily proof of a racially hostile work environment.
• Ignoring the racial context of Jones being referred to as “boy” by his white coworkers. In his underlying opinion, the District Court held: “Jones only points to a single specific instance of an arguably racial comment being made where Bowersox (sic) asked Jones if another coworker, who had grease smeared on his arm, was ‘his boy.’ Even inferring that there was racial animus behind this comment, it was likewise only a ‘mere offensive utterance.’” (Emphasis added). How in the world can anyone actually argue that is nothing racial about calling a Black subordinate “boy”?
• Declaring that the crew’s ostracization of Jones was not race-based, even though the same coworkers had been documented making racist remarks.
• Minimizing the grease-throwing incident, despite the fact that it occurred immediately after Jones’ coworkers were told to stop using racial slurs.
• Accepting the employer’s argument that any harassment only lasted two weeks, despite evidence showing that it persisted for over a year.

With reasoning like that, it is no surprise that the Sixth Circuit Court of Appeals reversed this decision.

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What Are The Elements of a Racially Hostile Work Environment?

To prove a racially hostile work environment under Title VII, an employee must establish the following elements:

Membership in a Protected Group – The employee is part of a protected class (e.g., race, gender, religion).

1. Unwelcome Harassment – The conduct in question was unwelcome.
2. Harassment Based on Race – The conduct must have occurred because of the employee’s race or color.
3. Severe or Pervasive Conduct – The harassment must be either severe (e.g., a single egregious act) or pervasive (e.g., repeated incidents over time) enough to alter the conditions of employment. As the Sixth Circuit Court of Appeals held, “a reasonable jury could find that Jones’ work environment at Fluor was hostile and abusive based on his coworkers’ severe and pervasive racial harassment.” The Court emphasized that “racial slurs, exclusion from workplace activities, and acts of physical intimidation can, in combination, create an objectively hostile work environment.”
4. Employer Liability – The employer knew or should have known about the harassment and failed to take prompt and appropriate action. As the Sixth Circuit Court of Appeals held, “Fluor’s failure to adequately investigate the complaints and take meaningful disciplinary action demonstrates a disregard for its responsibility to prevent workplace discrimination. A reasonable jury could conclude that the company tolerated or even implicitly encouraged a racially hostile work environment by not addressing the repeated racial harassment Jones faced.”

The Sixth Circuit Court of Appeals held that Jones had presented enough evidence on each of these elements for his case to go to trial. The district court had wrongly downplayed the severity and frequency of the harassment and failed to recognize that the racial slurs, physical intimidation, and workplace exclusion combined to create a hostile work environment.

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What Legal Protections Do I Have Against Racial Harassment At Work?

The Sixth Circuit Court of Appeals corrected the district court’s mistakes, stating that a reasonable jury could clearly find that Jones was subjected to a racially hostile work environment. The Court emphasized the following points:

Racial Slurs Are Not “Mere Offensive Utterances”: The Sixth Circuit Court of Appeals held that being called the n-word, even once, is highly offensive and demeaning and can support a hostile work environment claim. The Court of Appeals cited a string og case law stating that “the use of the word ‘nigger,’ even taken in isolation, is not a ‘mere offensive utterance.’”

Workplace Ostracization Can Be Racial Harassment: The Court held that Jones was singled out, isolated, and treated differently because of his race. His white coworkers deliberately ignored him, refused to work with him, and excluded him—behavior that courts recognize as contributing to a hostile work environment.

The Grease-Throwing Incident Was Likely Racially Motivated: The Court rejected the idea that throwing grease on Jones’ car was a random act. Instead, the Court held that, given Bowersock’s history of making racist remarks, a reasonable jury could infer that this was racial harassment.

The Harassment Was Severe and Pervasive: Contrary to the district court’s claim that the harassment lasted only two weeks, the Court pointed out that Jones endured months of racial jokes, slurs, exclusion, and hostility. Courts have ruled that racial harassment does not have to occur every single day to be “pervasive.”

The Employer’s Investigation Was Insufficient: The Court was unimpressed with Fluor’s handling of the situation. Fluor’s HR investigator dismissed Jones’ concerns as “joking around” and took no real action to stop the harassment. The Court made clear that an employer cannot escape liability by conducting a halfhearted investigation that leads to no real consequences.

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What Should I Do If I Am Facing Racial Harassment At Work?

If you are experiencing racial discrimination or a hostile work environment, do not assume that your employer will protect you. Here is what you should do immediately:

• Document Everything – Keep a record of racial slurs, racist jokes, and any discriminatory treatment you experience.
• Report It In Writing – Tell HR or your supervisor in writing about the harassment. This creates a paper trail.
• Gather Witnesses – If coworkers witnessed the harassment, ask if they will confirm what happened.
• Consult An Employment Lawyer – Do not wait for things to get worse. Call an experienced employment law attorney as soon as possible.

If you are searching for the best employment law attorney to take on your employer, you need a firm that is built to win. Spitz, The Employee’s Law Firm, is one of the largest employee-rights law firms in the United States. Our employment law attorneys have fought and won cases just like this one. We offer a free initial consultation and a no-fee guarantee—you do not pay unless we win your case. Your employer let racism run rampant. Now, you need a plan to fight back. Call us today and let us make them regret their decision.

Employment Lawyer Disclaimer

This race discrimination blog is for general informational purposes only and should not be taken as legal advice regarding racial conduct at work nor a hostile work environment. Reading this employee’s rights blog does not create an attorney-client relationship between you and any employment law attorney at our firm. If you believe you have a legal claim related to race discrimination, a hostile work environment, or retaliation, you should consult with a qualified employment lawyer for personalized advice. This blog is an advertisement for legal services.