Takeaway: In recent years, many courts have found that the single use of a racial epithet at work can create a racially hostile work environment. Yet, the 5th Circuit rejected a racial harassment claim about the use of a racial epithet when the employer promptly counseled the alleged harasser afterwards and the plaintiff could not show any further incidents of harassment.
An employer that warned employees that any further use of racial epithets at work would result in termination stopped the use of such reprehensible language and was not liable for racial harassment, according to the 5th U.S. Circuit Court of Appeals.
The plaintiff was a sales representative for Lincare, a medical equipment and services company. She began working there in 2015 and transferred to the Austin, Texas, office in December 2018. Her primary responsibilities were making sales calls and interfacing with hospitals.
The plaintiff was one of two sales representatives who worked with three customer service representatives (CSRs) in the Austin office. They reported to the manager of the Austin office, who in turn reported to the area manager. Lincare's HR representative worked out of the company's Florida headquarters. The plaintiff was the only Black employee among these eight people.
The plaintiff alleged that once she moved to the Austin office, she was subjected to racial harassment. First, she alleged that several racially insensitive comments were made to her between December 2018 and June 2019....
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