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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Oh look. ACB unequivocally condemned racism and discrimination of any kind.  I guess you detractors can’t keep claiming otherwise. [/quote]

Sure, Jan. That’s why she wrote an opinion stating an employer’s use of the n-word does not create a hostile work environment for Black employees.[/quote]

I guess you did not hear the explanation for that case.

Here is the cliff notes version from Snopes:

[quote]During his probationary employment period, Smith challenged and failed to follow directions, was confrontational, engaged in unsafe conduct, and received unsatisfactory evaluations. He filed internal and union complaints, alleging abusive language, docking his hours, and racial discrimination. The Illinois Department of Transportation discharged Smith. Smith sued the Department under Title VII, arguing that it had subjected him to a hostile work environment and fired him in retaliation for his complaints about racial discrimination … Given the extensive evidence that Smith was not meeting his employer’s legitimate expectations, a reasonable jury could not find that the Department fired him because of his protected activity rather than for his poor performance nor could a reasonable jury have resolved the hostile work environment claim in Smith’s favor.

One of incidents Smith included in his case as evidence of his allegedly being subjected to race-based harassment that created a hostile work environment was his claim that a former supervisor named Lloyd Colbert called him the N-word.

Barrett dismissed that claim in her opinion, but not by flatly stating that “Being called the n-word does not constitute a hostile work environment.” Barrett’s point was much more nuanced. According to Barrett, at the time Smith said he was called “stupid ass n******” by a former supervisor, his relationship with his supervisors had long since become a contentious one for a multitude of reasons, and that single incident was not sufficient to support a claim of a racially-hostile work environment:

Because Smith introduced no evidence that his supervisors swore at him because he was black, the profanity that he describes does not establish a hostile work environment under Title VII.

Smith describes one incident, however, that plainly constitutes race-based harassment: Colbert, one of his former supervisors, called Smith a “stupid ass ni[]” after finding out that Smith had filed a complaint with the Equal Employment Opportunity office. The n-word is an egregious racial epithet. Nichols v. Mich. City Plant Planning Dep’t, 755 F.3d 594, 601 (7th Cir. 2014) (“[W]hile there is no ‘magic number of slurs’ that indicates a hostile work environment, an ‘unambiguously racial epithet falls on the more severe end of the spectrum.’” (citation omitted)). That said, Smith can’t win simply by proving that the word was uttered. He must also demonstrate that Colbert’s use of this word altered the conditions of his employment and created a hostile or abusive working environment. Huri, 804 F.3d at 834. And he must make this showing “from both a subjective and an objective point of view.” EEOC v. Costco Wholesale Corp., 903 F.3d 618, 625 (7th Cir. 2018). In other words, he must show not only that a reasonable person would find the workplace hostile or abusive as a result of Colbert’s slur, but also that he himself perceived it that way. Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998).[/quote]

https://www.snopes.com/fact-check/barrett-nword-opinion/[/quote]

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