Company’s response to coworker's racially charged comment curtails liability

A recent decision from the U.S. 4th Circuit Court of Appeals (the federal appellate court with jurisdiction over North Carolina) emphasizes the importance of taking appropriate corrective action to end offensive conduct when a harassment complaint is received. An employer response that ends the conduct protects it from liability.

Racial remark in the workplace

On February 5, 2017, at a Best Buy store in Waldorf, Maryland, Erika Bazemore, an African-American woman, was working as a wireless sales consultant. According to her, another Best Buy employee, Anne Creel—a white woman and an appliance sales representative—made a “racist and sexually charged joke” to a small group of coworkers that included Bazemore.

Creel, who was eating mixed nuts, identified a Brazil nut and asked the group, “Hey, do you know what these were called back in the day?” With the group waiting for the answer, Creel asked, “Do you promise not to call HR on me?” She then looked directly at Bazemore—the only black woman in the group—and said, “N[****r] T[*]ts!” Creel laughed while everyone else “was frozen for a few seconds.” Bazemore broke the silence by saying, “OK,” and then walked away.

In her position, Creel wasn't Bazemore’s supervisor. But she was “best friends” with April Brewster, the store’s general manager.

Company responds

Bazemore reported the incident to Best Buy’s corporate HR department the next day. Three days later, Colleen Hayes from the department called to tell Bazemore she was handling the matter.