Pot calls kettle black: Reverse racial harassment claim fails

In a recent case before the U.S. District Court for the Southern District of Mississippi, a retired employee alleged he was subjected to illegal racial harassment. In support, he didn’t claim the alleged harasser used derogatory racial epithets toward him. Rather, he claimed the misconduct occurred because of the alleged harasser’s belief that he and other employees were racist. The court dismissed the claim. Let’s take a closer look.

Facts

Tommy Posey, a white male, worked for the city of Moss Point from 1982 until he retired in 2019. At the time of his retirement, he was the fire chief. Posey, however, alleged his departure was forced by the city’s mayor, Mario King, an African American.

Posey filed suit alleging numerous claims against the city and King, including that the mayor subjected him to a racially hostile work environment. The defending parties asked the district court to dismiss the claims. It did so.

Decision

The district court analyzed Posey’s racially hostile work environment claim by first noting it was based on allegations that King accused him of being racist and harassed him because he was Caucasian. In support of the claim, Posey alleged King: