To prevail on an employment discrimination claim based on a “hostile work environment” the employee is required to prove that the discrimination was “severe or pervasive.” However, the Third Circuit of the United States Court of Appeals in Castleberry v. STI Group held
that a single instance of untoward behavior could qualify as sufficiently severe or pervasive to prove a hostile work environment.

In Castleberry two African-American pipeline workers on an otherwise all-white crew and were subjected to racial slurs. The Court of Appeals held that one instance of a supervisor using the n-word was sufficient to state a hostile work environment claim.

Now, more than ever, employers must maintain strong anti-discrimination policies, require and encourage employees to report discrimination, and promptly investigate and remediate any alleged discriminatory remark or other conduct, even if the allegation is of a single remark or incident. As Castleberry demonstrates, it only takes one inappropriate remark to find an employer liable.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.