This case of workplace hostility and discrimination includes “ninja” used as a racial slur against an African American.
Case No. 1:07cv1037
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO,
2010 U.S. Dist. LEXIS 29446
March 2, 2010, Filed
Opinion by District Judge Michael R. Barrett:
Smith frequently told jokes using the word “nigger” in Campbell’s presence. (Id., P 20.) Smith would also refer to African-Americans as “ninjas.” (Id.) On July 19, 2005, Campbell told Smith that he found Smith’s jokes offensive and asked him to stop making racial jokes. (Id.) Smith responded by making another racial joke. (Id.)
Campbell has shown that he is a member of the protected class because he is African-American. Campbell has also shown that he was subjected to unwelcome racial harassment in the form of racial jokes made by Smith and the use of the term “ninjas” to refer to African-Americans. Campbell has shown that the jokes, which included the word “nigger,” and the term “ninjas” are based on race.
However, Campbell has not shown that harassment had the effect of unreasonably interfering with this work performance. The performance records submitted by Campbell show that he was able to meet or exceed his performance goals despite the harassment. Therefore, Campbell has not met this element of the prima facie case.
So because he was able to keep doing good work it wasn’t harassment?!?!? Still, Campbell can show that the complaints led to retaliation. So the Court concludes:
Christopher Campbell’s Motion for Summary Judgment (Doc. 45) is hereby GRANTED in PART and DENIED in PART;
a. The Motion is GRANTED as to Campbell’s claim for retaliation in violation of Title VII and Ohio law;
b. The Motion is DENIED as to Campbell’s claim for hostile work environment based on race in violation of Title VII and Ohio law; and wrongful termination in violation of public policy;