A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision isn’t enough to support a reverse discrimination claim.
Recent case: Douglas, who is white, had a permit to teach tennis at Manhattan’s East River Park. When his permit was revoked, he sued, alleging that the decision-maker was black. He also pointed out that six months before the revocation, a black park attendant told Douglas, “We don’t want your white ass here.”
The court said that neither the race of the decision-maker nor the single offensive comment from the non-decision-maker was enough for a lawsuit. Otherwise, almost every discharge in which the parties belong to different protected classes could end in litigation. (Howard v. City of New York, et al., No. 14-409, 2nd Cir, 2015)
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