Threatening, but not hostile — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Keith Harris and Dennis Alexander, who are black, sued Joseph Orlando, owner of Cobra Construction, for constructive discharge and racial discrimination, saying they were forced to quit out of fear for their lives.

During a break, Orlando, apparently upset about something, pointed a sawed-off shotgun at them and said, “What are you black _____ looking at? Now get back to work.”

Harris and Alexander lost their suit, and the 3rd Circuit Court of Appeals refused to reinstate it. The court noted that Orlando’s behavior, while certainly threatening, wasn’t necessarily “hostile.”

Final note: The men did receive workers’ compensation benefits for the trauma.

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