Single slur requires jury trial on hostile work environment claim

On July 29, 2024, the California Supreme Court issued a unanimous opinion in Bailey v. San Francisco Dist. Attorney Office, Cal., No. S265223 and held that the employee’s claims of racial harassment should proceed to jury trial, as well as that the trial court's decision to dismiss the case in favor of the employer was in error.

Background

After a California employee alleged a coworker directed a single racial slur at her, the California Supreme Court held that the standard for evaluating workplace harassment “should be judged from the perspective of a reasonable person in the plaintiff’s position” and that “the one-time use of a racial slur” can give rise to actionable harassment.

Also, in overruling the lower court's decisions, the supreme court held that the status of the individual who utters the slur (e.g., a supervisor) may be a “significant factor” but must also be considered “as part of the totality of the circumstances.”