N-word Use, Drawing ‘Inexcusable’ but Forced Quit Not Shown

Jan. 6, 2020, 7:57 PM

Evidence that a black hydraulic mechanic’s co-workers used the N-word repeatedly, called him “boy,” and drew a hangman’s noose on a white board didn’t prove he had no reasonable choice but to resign, the Southern District of Texas ruled.

The harassment described by Seneca Jones, much of which was conceded by Tubal-Cain Hydraulic Solutions Inc. during a bench trial, was “inexcusable,” “reprehensible,” and “repulsive,” the court said Jan. 3. But the standard for proving a constructive discharge is demanding and Jones lacked proof that a reasonable employee in his shoes would have felt compelled to quit, the court said.

Jones ...

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