“[A]nti-discrimination law does not make defendants liable for doing stupid or even wicked things; it makes them liable for discriminating.” Lizardo v. Denny’s, Inc., 270 F.3d 94, 104 (2d Cir. 2001).
This powerful truth sets the stage for understanding a tough reality in employment law: bad behavior alone is not always illegal. In the recent case of Browne v. New York State Department of Corrections and Community Supervision, 2025 WL 1177958, the United States Court of Appeals for the Second Circuit showed how even shocking workplace bullying does not automatically amount to employment discrimination under Title VII of the Civil Rights Act of 1964. Race/Color Discrimination claims must be based on conduct due to the employee’s race, being Black for example. National Origin Discrimination claims can only survive if the mistreatment or harassment s based on the employee’s national origin, such as being of Mexican or Asian descent. Age Discrimination and disability discrimination must be based on the employee being over 40 or having a disability respectively.
Roberto Browne and Jade Parker, both employees of the New York State Department of Corrections and Community Supervision, endured some truly appalling behavior. According to their lawsuit, their coworkers and supervisors:
- Tampered with their timecards
- Placed bogus transfer slips in their mailboxes
- Spread vicious gossip about them
- Called them “rats” and “scumbags”
- Circulated derogatory poems about them throughout the workplace
- Stalked Parker outside of work
- Cut the valve stem on Browne’s car
- Regularly assigned them to less desirable posts while ignoring their staffing requests
This list reads like something out of a workplace horror movie. No employee should ever have to experience such treatment. Yet, the Second Circuit affirmed the dismissal of Browne and Parker’s lawsuit.
Best Racially Hostile Work Environment Attorney Blogs on Point:
- Can You Prove a Hostile Work Environment Without Major Harm?
- Gender Based Hostile Work Environment Or Cattiness?
- It’s Not A Hostile Work Environment If You Just Don’t Like Doing Your Job
Why Was The Race Discrimination Lawsuit Dismissed Despite All The Abuse?
In order to prove a race discrimination claim under Title VII, an employee must establish a prima facie case by showing four key elements: (1) they are a member of a protected class; (2) they were qualified for their position; (3) they suffered an adverse employment action; and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination based on race.
Browne and Parker filed a lawsuit against their employer, the New York State Department of Corrections and Community Supervision, alleging that they were subjected to a racially hostile work environment in violation of Title VII. They claimed that supervisors and coworkers engaged in a pattern of mistreatment including harassment, sabotage, and intimidation. They asserted that these actions were racially motivated and that the employer negligently failed to stop the hostile behavior. The district court granted summary judgment in favor of the employer, finding that the plaintiffs failed to establish that the mistreatment was based on race.
Here, Browne and Parker could meet the first three prongs. However, they struggled on the fourth. The Court found that “there is no evidence from which a reasonable jury could conclude that these acts of harassment were directed at Browne and Parker because of their race” Browne v. New York State Dep’t of Corr. & Cmty. Supervision, 2025 WL 1177958 at *2. Instead, the record showed they were targeted because coworkers viewed them as disloyal “rats” for testifying against fellow officers.
Even the derogatory poems Browne and Parker pointed to did not mention race. The Court emphasized that “the evidence is consistent with the theory that they experienced ‘workplace bullying completely detached from any discriminatory motive.’” Id.
Simply put: the law protects against discrimination, not against general workplace cruelty. But where employment discrimination is clearly linked to a protected trait, an employee has the right to seek justice.
Although the Court focused on the fact that none of the hostile comments explicitly referenced race, it is important to recognize that a hostile work environment claim can succeed even without direct racial slurs if the overall pattern of mistreatment is disproportionately directed at members of a protected minority group. If Browne and Parker had argued that only minority officers, and not white employees, were subjected to the timecard tampering, stalking, derogatory gossip, and other abusive conduct, it could have supported an inference of racial discrimination. Unfortunately, this argument was not clearly made to the district court or fully developed on appeal. Had it been, it might have allowed a reasonable jury to conclude that race was a motivating factor in the harassment, potentially changing the outcome of the case. This illustrates why it is critical for employees to hire attorneys who exclusively focus on employee rights. Lawyers who dedicate their practice to fighting for employees are more likely to spot important arguments, frame them effectively, and build the strongest case possible. Choosing the right employment lawyer can make the difference between winning and losing a discrimination case.
Best Race Harassed at Work Lawyer Blogs on Point:
- Can Public Harassment Regarding Work Performance Create A Hostile Work Environment?
- What Conduct Qualifies As Hostile Work Environment?
- What Is Considered A Racially Hostile Work Environment?
What Should I Do If I Am Treated Badly At Work But Unsure If It Is Illegal?
If you are treated badly at work, you should:
- Start documenting everything immediately
- Save emails, texts, poems, or any other evidence of mistreatment
- Write down what was said, who said it, and when it happened
- Take screenshots if bullying happens online or through work systems
- Contact an experienced employment lawyer who focuses on employee rights
It is critical to understand that being bullied, sabotaged, or harassed at work might not always violate employment law unless it is tied to your race, gender, disability, religion, gender identity, sexual orientation or another protected characteristic. That is why quick action and the right legal advice matter.
The Browne case is a stark reminder: without clear proof that illegal bias motivated the harassment, even horrendous workplace behavior might not be enough to win a lawsuit. If you have been wrongfully fired or otherwise harmed by employment discrimination, connecting the mistreatment directly to illegal discrimination is essential.
How Do I Find The Best Lawyer To Handle Workplace Discrimination Or Wrongful Termination?
Here is your answer: Spitz, The Employee’s Law Firm is your best choice. We are one of the largest firms in the nation devoted entirely to protecting employee rights. This singular focus gives us unmatched resources, deep trial experience, and the kind of relentless commitment needed to stand up to powerful employers. We offer free consultations and a no-fee guarantee: you pay nothing unless we win. Our attorneys are seasoned courtroom fighters who also understand the human side of workplace battles. We handle complex employment discrimination claims and have a history of delivering great results. If you are facing discrimination, wrongful termination, or believe you were wrongfully fired by your employer, call Spitz today and put the best on your side.
Employment Lawyer Disclaimer
This employment attorney’s blog provides general information about employment law, wrongful termination, and discrimination rights and should not be taken as legal advice. Every employee’s situation is unique, and readers should consult with a qualified employment lawyer or attorney for advice specific to their situation. No promises are being made about outcomes. This employee’s rights law firm blog is a legal advertisement designed to inform employees about their rights under the law regarding discrimination, wrongful termination, employment discrimination, race discrimination, and related claims. Always seek personalized legal advice from the best lawyer you can find to protect your future.