Single Use of the N-Word Could Create a Hostile Work Environment

In a recent decision, Bailey v. San Francisco District Attorney’s Office, the Supreme Court of California held that a coworker’s single use of the N-word, or other unambiguous racial epithets, could be enough for an employer to be held liable for a discrimination claim under the Fair Employment and Housing Act.

The Court found that an isolated incident of harassment against an employee can be actionable if it creates a severe enough hostile working environment given the totality of the circumstances. In Bailey, the plaintiff (Bailey) worked at the San Francisco District Attorney’s office as an investigative assistant. In her claim, Bailey alleged that the coworker that shared an office with her called her the N-word. A week later, Bailey’s supervisor learned about the incident and initiated meetings with human resource personnel. Even though Bailey and the coworker met with the human resources representative, a formal complaint was never filed to the city’s Department of Human Resources (DHR). Additionally, after Bailey asked the HR officer to file the complaint, the HR officer refused and told Bailey that she was creating a hostile work environment for the coworker by bringing up the incident to a supervisor. Following this, the HR officer refused to separate Bailey and the coworker’s seating arrangements, required Bailey to cover the coworker’s work, and consistently ridiculed Bailey when they encountered each other at work.

The Supreme Court emphasized that a single use of the N-word by a coworker could be sufficient to hold an employer liable for harassment, even if the coworker did not hold a supervisory role.

While the speaker’s status may influence the severity of the conduct, the Court clarified that is not determinative of liability. Instead, the Court considered the broader workplace context. Bailey was required to interact daily with the coworker who called her the N-word and to share a physical workspace. Given these circumstances, the Court concluded that harassment by a coworker could significantly alter the conditions of an employee’s employment, regardless of the coworker’s position within the organization.

The Court further noted that the HR officer’s actions likely intensified the hostile work environment Bailey experienced. Instead of addressing her concerns, the HR officer obstructed her efforts to file a formal complaint, ridiculed her for raising the issue, and threatened her after she submitted a complaint directly to the Department of Human Resources (DHR).

If anyone at work has used the N-word, don’t hesitate to get in touch with Ricardo Lopez Law to determine if you have a case for harassment and discrimination in the workplace.