Texas appeals court finally decides: One racial slur is enough to win lawsuit

After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the employee to mental anguish and punitive damages and an award of fees to the person’s lawyer. Read on.

Epithet used calls for jury trial

Anthony J. Woods, who is black, worked for the city of New Orleans. He claims his supervisor, who is Hispanic, used a racial slur directed at him while in the presence of other employees. He alleges the epithet was a one-time occurrence. (For purposes of brevity and dignity, I am not repeating it.)

The trial court dismissed Woods’ entire lawsuit. The 5th Circuit agreed except for his race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. No, the appeals court said, that one goes to a jury.

What changed?

Before Woods’ case, the 5th Circuit seemed to embrace the “one-bite rule,” i.e., a racial slur, no matter how horrific, cannot be the basis for a hostile work environment claim. And that might still be the case, but the new ruling suggests the following facts made a difference and distinguish it from the court’s previous decisions: