Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
Posts: 35,011
Political Matrix E: 4.65, S: -2.78
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« on: September 04, 2013, 01:48:14 AM » |
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It makes sense to me. The damages seem a bit high, but I'm not sure how you could say this was the judge's fault. Whether using the n-word creates a hostile work environment is, pretty clearly, a matter of fact, not a matter of law, so the judge would have no business tossing the case.
This doesn't mean that all times the n-word is used by a black employee that it is a hostile work environment, and it may not be a hostile work environment even if a white person used it. That all depends on the circumstances of the case.
The test for a hostile work environment is two-fold: "the misconduct shown must be “severe or pervasive enough to create an objectively hostile or abusive work environment,” and the victim must also subjectively perceive that environment to be abusive."
The defense that Carmona grew up in a different time and with "tough love" surrounding him is a pretty crappy defense. People who grow up around womanizing men don't get off on sexual harassment claims for that reason, and someone who grew up around "tough love" shouldn't get off on a hostile work environment for that reason.
As for the discrimination claim, that's a little broad from just the article, so I'd have to see what specifically was alleged regarding discrimination to comment on that.
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