Ross Runkel's Employment Law Blog brings us news of a recent court decision in Missouri involving Wal-Mart:
[Myron] Canady, an African-American, claimed that race was a factor, and sued under Title VII. He pointed to what looked like a smoking gun: His supervisor had used many of the classic and most offensive racial slurs. "Nigga" and "lawn jockey." He called himself a "slave driver" and said all African-Americans look alike, and said Canady's skin color seemed to wipe off onto towels.
Wal-Mart said Canady was fired because he was insubordinate. He yelled at his supervisor's boss in front of customers and other employees.
It sounds like a classic Wal-Mart tactic to me: blame the victim. And, indeed, Runkel blames the Appeals Court that decided this case for not letting a jury decide if there was a relationship between the hostile working environment and Canady's firing. But there's a more basic issue here. From the dissent in the case (follow the link above):
"The facts show that Canady's immediate supervisor, Assistant Manager Paul Smith, a caucasian, repeatedly called Canady a "lawn jockey" and used the word "nigger" in front of Canady and other employees."
Smith apologized for using the "n" word, not the other term. Furthermore, I can find no reference in the decision to Smith getting disciplined at all for anything he said. So I have a simple question: Does Wal-Mart think it's OK to call African Americans lawn jockeys? If it's not, what do they intend to do about it?
JR