Court: Combine the F word and the N word in the workplace and that's enough for a trip to the woodshed
The Massachusetts Appeals Court today upheld a fine against a Chelsea private-security company at which a supervisor ended a dispute with a black employee by cursing him out with an obscene word and a racial epithet.
The ruling means Augis Corp. has to pay Franklin McCreath $10,000 for the incident, which happened in 1999 (Ed. note: Yes, 1999) at the Hammond Park Condominiums in Brookline, where McCreath worked as a security guard.
At the end of an argument, a supervisor with whom McCreath had butted heads in the past told him what he really thought of him. When the company did nothing about the matter, McCreath filed a complaint with the Massachusetts Commission Against Discrimination. In no uncertain terms, the court agreed today with the commission that you can't refer to a black worker in a particular way:
We think that a supervisor who calls a black subordinate a "fucking nigger" has engaged in conduct so powerfully offensive that the MCAD can properly base liability on a single instance. That term inflicts cruel injury by its very utterance. It is degrading, it is humiliating, and it is freighted with a long and shameful history of humiliation, the ugly effects of which continue to haunt us all. The words have no legitimate place in the working environment -- indeed, they have no legitimate place -- and there is no conceivable justification for their use by a workplace supervisor.



Was the name of the supervisor redacted or something?
I would have thought he would rate a mention, since he- not "the company"- actually uttered the epithet.
No, it's right there in the ruling
Neil Lesman.
So why didn't I mention him in my post? I can't rightly say. Probably I was just trying to post quickly. Also, the suit is by the company, not him.
Neil Lesman.
Thanks, I just started reading the ruling myself. Unfortunately I think Lesman has earned his 15 seconds of infamy.
Yeah!
I hate being called a freaky nerd at work too!
...wait...what?
How is this the company's
How is this the company's fault? MCAD is there to ensure the responsibility of a company to deal with complaints of harassment and discrimination in an immediate and unequivocal manner. A single instance is enough? If a subordinate had said that to a supervisor would the company had been fined? Or would the employee just been fired? I'm sure the supervisor was fired - what more could the company do?