· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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