One especially merit-less [hostile work environment] claim that led to a six-figure verdict involved Allen Fruge, a white Department of Energy employee based in Texas. Fruge unwittingly spawned a harassment suit when he followed up a southeast Texas training session with a bit of self-deprecating humor. He sent several of his colleagues who had attended the session with him gag certificates anointing each of them as an honorary Coon Ass -- usually spelled coonass -- a mildly derogatory slang term for a Cajun. The certificate stated that [y]ou are to sing, dance, and tell jokes and eat boudin, cracklins, gumbo, crawfish etouffe and just about anything else. The joke stemmed from the fact that southeast Texas, the training session location, has a large Cajun population, including Fruge himself.In a meeting with a group of employees, in which I discussed our company's budget, I used the word "niggardly" (meaning stingy or penny-pinching). The next day a fellow VP informed me that some of the black employees of her division had been offended by my use of the word "niggardly." My reaction was to suggest that she give her employees remedial training in English vocabulary. That should have been the verdict in the Reid case.
An African American recipient of the certificate, Sherry Reid, chief of the Nuclear and Fossil Branch of the DOE in Washington, D.C., apparently missed the joke and complained to her supervisors that Fruge had called her a coon. Fruge sent Reid a formal (and humble) letter of apology for the inadvertent offense, and explained what Coon Ass actually meant. Reid nevertheless remained convinced that Coon Ass was a racial pejorative, and demanded that Fruge be fired. DOE supervisors declined to fire Fruge, but they did send him to diversity training. They also reminded Reid that the certificate had been meant as a joke, that Fruge had meant no offense, that Coon Ass was slang for Cajun, and that Fruge sent the certificates to people of various races and ethnicities, so he clearly was not targeting African Americans. Reid nevertheless sued the DOE, claiming that she had been subjected to a racial epithet that had created a hostile environment, a situation made worse by the DOEs failure to fire Fruge.
Reid's case was seemingly frivolous. The linguistics expert her attorney hired was unable to present evidence that Coon Ass meant anything but Cajun, or that the phrase had racist origins, and Reid presented no evidence that Fruge had any discriminatory intent when he sent the certificate to her. Moreover, even if Coon Ass had been a racial epithet, a single instance of being given a joke certificate, even one containing a racial epithet, by a non-supervisory colleague who works 1,200 miles away does not seem to remotely satisfy the legal requirement that harassment must be severe and pervasive for it to create hostile environment liability. Nevertheless, a federal district court allowed the case to go to trial, and the jury awarded Reid $120,000, plus another $100,000 in attorneys fees. The DOE settled the case before its appeal could be heard for a sum very close to the jury award.
Friday, December 30, 2005
David Bernstein, writing at TCS Daily a few years ago, recounted tales from the department of politically correct speech. This one struck close to home: