Monday, July 29, 2024

Bailey v. San Francisco D.A.'s Office (Cal. Supreme Ct. - July 29, 2024)

The California Supreme Court unanimously holds today that even the single use of an unambiguous racial epithet (e.g., the "n-word") can potentially actionable constitute racial harassment in the workplace.

In my (academic) sphere, there are differing opinions about whether it's appropriate (or wise) to use actual racial epithets, rather than a shorthand, when discussing particular cases in which those words appear. Some -- likely most -- professors use a shorthand, while others use the actual words.

For those in California, I wonder if today's opinion will affect that calculus.

Regardless, for those outside the ivory tower, the lesson from today is probably fairly clear: Don't say it. (Or at least recognize that you run at least some degree of litigation risk if you do.)