What is the test for determining whether a supervisor's use of the term "nigga" was discriminatory?

California, United States of America


The following excerpt is from Spikener v. United Parcel Serv., Inc., A154689 (Cal. App. 2020):

19. The trial court's conclusion that the meaning of what it called the "slang term" of " 'nigga' " was "debatable" was the beginning, not the end of the inquiry. If it was debatable, it was for the jury to decide, including based on the context of the term's use. (See, e.g., Rodgers v. Western-Southern Life Ins. Co. (7th Cir. 2000) 12 F.3d 668, 675 ["[t]he fact that black employees also may have spoken the term 'nigger' does not mitigate the harm caused by [the supervisor's] use of that epithet; a supervisor's use of the term impacts the work environment far more severely than use by co-equals"].)

Other Questions


Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a supervisor acted with discriminatory animus against an employee? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.