Just one racial slur in the workplace could be enough for a harassment lawsuit, according to a ruling by the U.S. Court of Appeals for the Third Circuit, which highlights what needs to be alleged for workplace discrimination claims to survive the pleadings stage. A three-judge panel of the circuit determined plaintiffs need to show that harassment is “severe or pervasive,” rather than “severe and pervasive.” So, what does this ruling mean for harassment lawsuits?

The concept of harassment in the workplace derives from the prohibition against discrimination in the terms and conditions of employment, as provided in Title VII of the Civil rights Act of 1964. The Supreme Court long ago determined that the prohibition against discrimination applies to harassing conduct, if that conduct is either severe or pervasive.

Jay Holland, chair of the Labor, Employment, and Qui Tam Whistleblower practice with Joseph Greenwald & Laake, recently sat down with Inside Counsel how one racial slur in the workplace be enough for a harassment lawsuit.