Can a Single Racial Slur Create a Hostile Work Environment?

In an ideal world, every workplace would be an environment of fairness and respect. However, in reality, many people face racial harassment at work. For workplace conduct to be considered harassment, it must be unwelcome and either severe or pervasive enough to create an intimidating, hostile, or offensive environment.  When an employee faces racial harassment in a single instance, like one single racial slur, they may wonder if it qualifies for harassment and a hostile work environment. The fear of retaliation can also silence and discourage victims from seeking justice. In this blog, we explore whether one racial slur can be enough to create a hostile work environment.

Understanding Racial Harassment and Retaliation

Racial harassment is a serious form of discrimination. It includes any unwelcome conduct directed at someone based on their race. Racial harassment can range from racial slurs and derogatory remarks to displaying offensive symbols. For such behavior to be unlawful, it has to be severe or frequent enough to create a hostile work environment. It can also be illegal if it leads to an adverse employment action like demotion or termination.

It’s worth noting that harassment isn’t limited to an employer’s actions. Co-workers, customers, or even third parties can create a hostile work environment. Your employer is legally obligated to address and prevent harassment in the workplace, and if they fail to do so, they can be held accountable.

Conversely, retaliation involves an employer’s adverse action against an employee for engaging in a protected activity. This includes reporting harassment, participating in an investigation, or supporting a colleague’s discrimination claim. Retaliation can take many forms, such as firing, demotion, job reassignment, or even creating an uncomfortable work environment for the reporting employee. Notably, retaliation is unlawful, even if the original complaint turns out to be invalid, as it was made in good faith.

A Single Incident Can Be Enough

The California Supreme Court addressed this issue in Bailey v. San Francisco District Attorney’s Office (2024). In this case, the court examined whether a one-time use of a racial slur could be sufficient to create a hostile work environment under the Fair Employment and Housing Act (FEHA). The Court concluded that it could, depending on the severity and context of the incident.

The court emphasized that the impact of harassment must be considered from the perspective of a reasonable person in the victim’s position. In this case, the ruling acknowledged that the historical and demeaning weight carried by racial epithets, particularly the “N-word” that the victim was referred to by, was enough to create a hostile environment. This is because of the profoundly offensive and degrading nature of the slur. This case underscores the importance of context. What might seem like an isolated comment in one scenario could be enough to fundamentally disrupt someone’s work environment and create a hostile one.

Additionally, as an employee, you should understand that you are protected from retaliation. If an employer attempts to intimidate, discourage, or punish you for filing a harassment complaint, such actions can be considered retaliation under FEHA. This includes obstructing the complaint process. 

Contact a California Employment Lawyer

If you are facing workplace harassment, even from a single incident, you have legal options. Consult a California employment lawyer today to understand your rights and explore your legal options.