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4th Circuit Revives Harassment Claim Based on Child’s Racist Slur

October 25, 2022

Via: SHRM

In this case, the 6-year-old grandson of the business owners allegedly called an employee the “n-word” on three occasions. The 4th U.S. Circuit Court of Appeals rigorously reviewed the factual record and considered whether the owners’ family could have done more to protect the plaintiff, sending the issue to a jury trial.

The plaintiff worked for Oakland Living Center Inc. (OLC), an assisted living facility in Rutherfordton, N.C. The OLC’s owners left the management of the business to their son, who served as a supervisor while training to take over the business. The owners and their son were White, and the plaintiff was Black.

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