Skip to main content
· 12/17/1993

James E. Rodgers v. Western-Southern Life Insurance Company, Cross-Appellee

Citations

  • 12 F.3d 668
  • 1993 U.S. App. LEXIS 32982
  • 63 Empl. Prac. Dec. (CCH) 42,729
  • 63 Fair Empl. Prac. Cas. (BNA) 694

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a supervisor’s use of a racial epithet “impacts the work environment far more severely than use by co-equals”
  • noting that racial epithets targeted at other employees were relevant to a plaintiff’s hostile-work-environment claim and considering racial statements made outside of the plaintiff’s presence
  • stating that in reviewing hostile environment claim courts may consider \the lexicon of obscenity that pervaded the environ- ment of the workplace both before and after the plaintiff’s introduction to its environs\
  • noting that, where the harasser is a superior, the plaintiff losses the opportunity to resort to her own supervisor to complain about invidious discrimination, and when the harasser is the employer, recourse to the employer is “fruitless”
  • finding an actionable hostile work environment when supervisors and employees referred to plaintiff by the term \ni**er\ between five and ten times during his employment
  • noting that the term “nigger” is an unambiguously racist epithet

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Kanne, Eschbach

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.