Generally speaking, in order to state a claim for a hostile work environment claim, the employee must demonstrate conduct that creates an “objective hostile or abuse work environment.” Ordinarily, this requires demonstrating that the workplace is “permeated with discriminatory intimidations, ridicule and insults” to the point that it is so severe and pervasive to alter the conditions of the victim’s employment. Isolated racial utterances have usually been insufficient to create a trial issue, and employers have generally won such cases on summary judgment. But, as with any rule, there are excpetions.
On April 5, 2013, in Ayissi-Etoh v. Fannie Mae, Case No. 11-7127 (D.C. Cir., April 5, 2013), the U.S. Court of Appeals for the District of Columbia held a supervisor’s single use of the “n-word” when he was told to “get out my office nigger” created a trial issue of fact regarding whether the employee was subject to a hostile work environment. The Court of Appeals reversed the decision of the trial court, which granted summary judgment in Fannie Mae’s favor. The Court was also motivated by Fannie Mae’s failure to investigate the comments or take prompt remedial action against the supervisor. This case underscores that employers should always be wary of comments by other employees, and when faced with evidence of those comments, take quick and swift action.