One-time use of slur could create harassment liability – Technologist

Even a one-time use of a racial slur could be enough for an employee to establish a hostile work environment claim The California Supreme Court recently decided. In this case, an employee alleged that a coworker at her office called her the N-word, and that her employer intimidated her and tried to block her from filing a formal complaint. The employer argued that the one-time use of the slur wasn’t severe or pervasive enough to establish a harassment claim.

Single Racial Slur Can Create Hostile Work Environment, Case to be Decided by Jury
The California Supreme Court disagreed, stating that “an isolated act of harassment may be actionable if it is sufficiently severe in light of the totality of the circumstances, and that a coworker’s use of an unambiguous racial epithet” could suffice. The court said a jury should decide whether the one-time use of the slur created a hostile work environment given the totality of the circumstances (Bailey v. San Francisco District Attorney’s Office, Cal, July 2024).

Tips: When we think of a “hostile work environment,” we usually think of repeated inappropriate behaviors that go unaddressed in the workplace, i.e., pervasive harassment. However, employers are liable for conduct that is severe or pervasive. In the sexual harassment context, a one-time physical assault is generally considered severe. The court’s decision made it clear that a one-time use of racial slurs or other offensive language could potentially be severe enough to create risk for a hostile work environment claim. For any questions about how to respond to allegations of harassment or a hostile work environment, Vigilant members can contact your Vigilant Law Group employment attorney. Also see our Legal Guide, Harassment in the Workplace: Avoiding Liability, and our Model Policy, Policy Against Harassment.

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