The Third Circuit’s recent decision that a single use of a racial slur, rather than pervasive conduct, can sustain a workplace harassment claim sends a clear warning to employers to preempt potential liability by providing training to prevent even single-serve incidents from happening in the first place, according to a recent post on Law360.
The Third Circuit’s ruling stems from a lawsuit brought by Atron Castleberry and John Brown against staffing agency STI Group over their experiences after being assigned to work as general laborers for Chesapeake Energy Corp. The new ruling clarified that the standard to be met for asserting a valid harassment claim was whether the treatment they faced, which included a supervisor’s use of the N-word, was either severe or pervasive.
The court clarified the standard after a trial court had thrown out the case after concluding the workers had to show their treatment had been pervasive and regular.
“I think what a case like this, at least from my perspective, really sets forth for employers is the importance of training on harassment prevention in the workplace and making sure your employees — certainly managers, but ideally everyone — know that even a single comment may now be enough to create liability for the organization,” said Duane Morris LLP partner Michael Cohen.
For more details on the case and the ruling, click here (subscription required).