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One-Time Slur Can’t Sustain DA Worker’s Bias Suit

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > One-Time Slur Can’t Sustain DA Worker’s Bias Suit

One-Time Slur Can’t Sustain DA Worker’s Bias Suit

Law360 (September 17, 2020, 10:32 PM EDT) — A California appeals court has tossed a race bias suit by a longtime employee of the San Francisco District Attorney’s Office, saying she had not shown that a co-worker’s “highly offensive” but one-time use of the N-word created a hostile work environment.

A three-judge panel in California’s First Appellate District on Wednesday unanimously upheld the lower court’s ruling granting summary judgment to the DA’s office on Twanda Bailey’s discrimination suit.

“Bailey did not in the trial court, nor has she on appeal, cited to any case holding that a single, albeit egregious, racial epithet by a co-worker, without more, created a…

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