Employment and Labor

Can a single incident of racial discrimination be sufficient to support a claim of Fair Employment and Housing Act (FEHA) violations?

Yes, the California Supreme Court has ruled unanimously.

Twanda Bailey, an African American female, alleged that Saras Larkin, a coworker with whom she shared an office and job duties, walked up to her and quietly said “You [N-words] is so scary.”

Bailey, crying and upset, immediately told three coworkers. Although she was offended by the use of the racial slur, she did not immediately complain to human resources (HR) because she feared harassment and retaliation.

Specifically, Bailey understood that other employees had been harassed and discriminated against following incidents with Larkin, who was best friends with the office department personnel officer, Evette Taylor-Monachino, and that two other African American women had been reassigned after complaining about Larkin.

Another coworker notified HR of the incident. Taylor-Monachino did not file a formal complaint about it, as city policy required.

When Bailey later asked Taylor-Monachino for a copy of the complaint and was told it did not exist, she requested that a complaint be filed. Taylor-Monachino refused.

After that interaction, Bailey perceived that Taylor-Monachino’s conduct toward her changed and, one morning in the parking lot, Taylor-Monachino mouthed the words “you are going to get it.”

Increasingly upset at work, Bailey requested time off and...

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