Single Slur Requires Jury Trial on Hostile Work Environment Claim

On July 29, 2024, the California Supreme Court issued a unanimous opinion in Bailey v. San Francisco Dist. Attorney Office, Cal., No. S265223 and held that the employee’s claims of racial harassment should proceed to jury trial, as well as that the trial court’s decision to dismiss the case in favor of the employer was in error.

Background

After a California employee alleged a coworker directed a single racial slur at her, the California Supreme Court held that the standard...