In the category of decisions that should surprise no one, an appeals court in New York overturned a district court dismissal of a case where a supervisor allegedly referred to a subordinate as “you fucking n—–.” At issue in the case of Daniel v. T&M Protection Resources, Case No. 15-560 (2d Cir. April 25), was whether a single, offensive comment (use of the N-word) was sufficient to overcome summary judgment on the plaintiff’s hostile work environment claim.
The facts forming the basis for the appeals court’s decision emanate from the district court’s summary judgment opinion (see Daniel v. T&M Protection Resources, 87 F.Supp.3d 621 (S.D.N.Y. 2015)). Otis Daniel, a pro se plaintiff, worked as a fire safety director for T&M Protection Resources at 590 Madison Avenue in Manhattan. Daniel alleged that he was subjected to a hostile work environment throughout his employment and ultimately terminated because of his race, perceived national origin, and perceived sexual orientation, and in retaliation for his complaints about the discriminatory treatment he experienced, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq., and New York State and New York City anti-discrimination statutes.
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