A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision won’t support a reverse discrimination claim.
Recent case: Douglas, who is white, had a permit to teach tennis at a city park. When his permit was revoked, he sued, since the decision-maker was black. He also alleged six months earlier, a black park attendant told him, “We don’t want your white ass here.”
The court said that neither claim was enough for a lawsuit. Otherwise, almost every discharge involving from different protected classes could end in litigation. (Howard v. City of New York, et al., No. 14-409, 2nd Cir., 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 'Sexting' causes growing harassment risk in workplaces
- Beware new court trend: Employees use expert to shift blame for failure
- Posting openings, tracking all applications discourage frivolous discrimination lawsuits
- Base English-only rules on business necessity