Tuesday, September 20, 2016

Inadequate investigation by employer supports employee’s Title VII claim that the employees’ supervisors used the n-word


Inadequate investigation by employer supports employee’s Title VII claim that the employees’ supervisors used the n-word
Posted in Wolters Kluwer's WorkDayhttp://www.employmentlawdaily.com/

Denying summary judgment on an African-American employee’s Title VII hostile work environment claim, a federal court in New York held that a jury could find that the repeated use of the n-word against him by two first line supervisors was severe and pervasive, that the employer’s investigation was inadequate, and that it should therefore be vicariously liable. However, the employee’s remaining discrimination and retaliation claims failed, largely because the record was clear that he was terminated because he failed to turn in FMLA paperwork and he accepted a better-paying job Holt v. Dynaserv Industries, Inc..

Ms. Park’s article is posted on the Internet at:

© 2016 CCH Incorporated. All rights reserved. The foregoing summary is reprinted with permission. This article was published in Wolters Kluwer Daily Reporting Suite on September 14, 2016. For more information, please click here [http://www.dailyreportingsuite.com/files/DailiesReprintPermissionsAfter7Days.pdf]

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