Hostile Work Environment Claim Supported by Single Anti-Gay Slur
A New Jersey Appellate Panel recently confirmed that a single, homophobic slur uttered by a supervisor is a sufficient basis for an employee’s lawsuit that is based on a hostile work environment due to sexual harassment at work.
In this case, the plaintiff alleged, among other things, that his immediate supervisor called him a “stupid fag.” A short time later, he was terminated under a false pretext that his performance was subpar.
The trial court dismissed the lawsuit at summary judgment. Citing Taylor v. Metzger, 152 N.J. 490 (1998), the plaintiff had (correctly) argued that a single instance of harassment or discrimination can create a “hostile work environment” under the law. However, the trial judge noted that no other witness heard the slur, and there was no evidence that the supervisor knew the victim was gay, nor was his orientation well known throughout the company. Thus, the trial judge found that the comment was not so “severe or pervasive” as to constitute a hostile work environment.
The Appeals Court disagreed and reversed the trial court’s decision. After confirming that "a single utterance of an epithet can, under particular circumstances, create a hostile work environment," the Court found that “the comment made to plaintiff was the equivalent of receiving a slap in the face."
Thus, it is clear that the law does not permit employers and supervisors to use derogatory slurs toward gay men or lesbians and get away with it. The same laws apply to sexist or racist slurs, as well as offensive comments about a person’s ethnicity or religious beliefs.
If you have been subjected to such slurs and taunts, and you have suffered an adverse employment action or not been promoted despite being highly qualified, you may be entitled to compensation, and even punitive damages.
Don’t just sit there and endure a hostile work environment where your race, gender, ethnicity, sexual orientation, or religious beliefs are a target for ridicule or the amusement of others. Protect your dignity and your career by calling the New Jersey personal injury lawyer, Peter B. Paris at Lependorf & Silverstein for a free consultation.
