Labor & Employment – Racial Discrimination Claim – Hostile Work ... - South Carolina Lawyers Weekly
The n-word and the posting of a monkey poster, although highly unwelcome and based on racial animus, were isolated incidents. Plaintiff has not alleged that a supervisor or manager used the offensive word. Even if those incidents were severe enough to alter the conditions of plaintiff’s employment, the defendant-employer immediately attempted to rectify the situation after plaintiff reported the incidents. Plaintiff has failed to make out a claim for hostile work environment.
We affirm summary judgment for defendant.
Although plaintiff argues that defendant’s removal to federal court was untimely, since service was not perfected until defendant voluntarily appeared in state court, the district court did not err in denying plaintiff’s motion to remand.
Where plaintiff has failed to name any potential comparator, he has failed to make out a claim of racial discrimination.
Plaintiff has failed to proffer evidence that defendant was aware of his protected activity directed toward a previous employer, and he has failed to show that defendant took any adverse action against him after he first complained of racial discrimination. Therefore, the district court did not err in granting summary judgment for defendant on plaintiff’s claim of retaliation.
Hubbard v. South Carolina Department of Mental Health (Lawyers Weekly No. 003-033-23, 6 pp.) (Per Curiam) No. 22-1374. Appealed from USDC at Columbia, S.C. (Michelle Childs, J.) Myron Hubbard, pro se; Charles Boykin for appellee....
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