Court says slurs about clients create legal risk even when minority workers aren't the direct target
A federal appeals court ruled that racist comments about customers can create workplace liability, even when minority employees aren't directly targeted.
The Eleventh Circuit delivered this message on February 6 in a split decision that widens the boundaries of what counts as a racially hostile workplace. The ruling says racist comments aimed at customers can create legal liability, a development that should prompt HR departments to rethink their harassment training and policies.
Clennon Melton was the only Black employee at I-10 Truck Center, a Florida commercial truck sales business where he worked as a salesman for about seventeen months starting in March 2020. Everyone else on staff was white.
According to court documents, the workplace had a problem. Owner Brian Brigman referred to dark-skinned customers from India "dot heads." Melton's supervisor Joseph Andrews referred to Middle Eastern customers as "rag heads." Employees routinely used racial slurs when discussing Asian and Hispanic customers, often laughing as they did so. When Black customers paid in cash, the Brigmans and Andrews would suggest the money came from illegal activity. They never said this about white customers.
Melton heard these comments nearly every time a nonwhite customer walked through the door, which happened frequently. The remarks became what he called a normal practice at the business....
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