LIEB BLOG

Legal Media Analysts

Wednesday, September 14, 2022

Employer Responsible for 6-Year-Old’s Use of Racial Slurs in Discrimination Case

Did you know that Title VII employment discrimination cases can happen even if the perpetrator is merely the 6-year-old grandson of the owner?


That's the lesson from Chapman v. Oakland Living Center, which is a case against an assisted living facility where the owner’s 6-year-old grandson repeatedly used the n-word against a black employee.


The problem for the employer was - why didn't anyone stop him? The boy’s grandfather either knew or should have known about the conduct and failed to sufficiently respond. Yes, there was a spanking and an unsuccessful attempted to elicit an apology, but that wasn't enough.


The lesson here is don't let hostile, bigoted and offensive remarks occur at the workplace, no matter who is saying them. It's never okay, and failure to stop such remarks will result in a discrimination case. Be warned.




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