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Even A Few Isolated Comments Can Create a Hostile Work Environment Claim


Boyer-Liberto v. Fontainebleau Corp - Fourth Circuit Court of Appeals


Facts:  Reya Boyer-Liberto ("Liberto") was an African American employee at the Clarion Resort Fontainebleau Hotel in Ocean City, Maryland.  At the hotel, Liberto worked as a cocktail waitress.  On two occasions within a 24 hour period, Liberto was called a "porch monkey" and threatened with the loss of her job by a white restaurant manager.  The manager also threatened to "get" Liberto and "make her sorry".  After Liberto subsequently reported to higher ups at the hotel about the manager's conduct and the racial harassment, Liberto was fired.

Liberto brought a hostile work environment and retaliation claim against Fontainebleau on the basis of violations of Title VII of the Civil Rights Act of 1964.  The district court awarded summary judgment in favor of Fontainebleau.

Holding:  In its decision to reverse the district court's ruling, the Fourth Circuit Court of Appeals noted that in order to prevail upon a hostile work environment claim, a claimant must show "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive work environment."  After reviewing the elements of a hostile work environment claim that a claimant must establish in order to prevail, the Court held that even though the complained of conduct in this case were isolated incidents, these racial slurs could establish a hostile work environment as the conduct was "extremely serious."

Judgment:  The Fourth Circuit Court of Appeals reversed the district court's granting of summary judgment in favor of Fontainebleau and held that two aggressive racial slurs made within a 24 hour period may create a hostile work environment claim. 

The Takeaway:  This was somewhat of a surprising outcome from the Court.  Granted, any racial comment is offensive, but just because there is a racial slur or two does not necessarily mean that a hostile work environment exists.  However, in this case, the Court focused on the severity of the comments, along with the conduct of the manager, and found that sufficient evidence existed to allow the claimant to proceed on her hostile work environment claim.  

Let this case be a lesson to employers:  even isolated incidents can be evidence of a hostile work environment, especially when a Court examines how extreme the conduct of the employer was.  In this case, for instance, such inflammatory comments as "porch monkey" were viewed as an extreme epithet for a hostile work environment claim to proceed.  Be aware of how your managers/supervisors are talking to employees...a few inflammatory comments could spell trouble!

Majority Opinion Judge:  Judge King

Date:  May 7, 2015

Opinion:  http://caselaw.findlaw.com/us-4th-circuit/1700313.html

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