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NY jury: N-word discriminatory in workplace, even when used by blacks
September 3, 2013 2:30PM ET
Manhattan federal court
The jury in a Manhattan federal court case decided to award a woman $250,000 in compensatory damages for the lawsuit she filed against her boss for calling her the N-word. Both the woman and her boss are black.Stan Honda/AFP
A federal jury has rejected the argument that use of the N-word among blacks can be a culturally acceptable term of love and endearment, deciding that its use in the workplace is hostile and discriminatory no matter what.
Jurors last week awarded $250,000 in compensatory damages to a black employment agency worker who was the target of a rant laced with the N-word by her black boss. The jury was to return to a Manhattan federal court Tuesday to decide on punitive damages.
The case against Rob Carmona and the employment agency he founded, STRIVE East Harlem, gave legal airing to what some see as a complex double standard surrounding the word: It's a degrading slur when uttered by whites but it has been argued that the word can be used, at times, with impunity among blacks.
But 38-year-old Brandi Johnson told jurors that being black didn't make it any less hurtful to be the target of what her attorney called Carmona's "four-minute n----- tirade" about inappropriate workplace attire and unprofessional behavior.
Johnson, who taped the March 2012 remarks after her complaints about his verbal abuse were disregarded, said she fled to the restroom and cried for 45 minutes.
"I was offended. I was hurt. I felt degraded. I felt disrespected. I was embarrassed," Johnson testified.
In closing arguments, Johnson's attorney Marjorie M. Sharpe said, "When you use the word n----- to an African-American, no matter how many alternative definitions that you may try to substitute with the word n-----, that is no different than calling a Hispanic by the worst possible word you can call a Hispanic, calling a homosexual male the worst possible word that you can call a homosexual male," Sharpe told jurors.
But defense lawyers said the 61-year-old Carmona, a black man of Puerto Rican descent, had a much different experience with the word. Raised by a single mother in a New York City public housing project, he became addicted to heroin in his teens and broke it with the help of drug counselors who employed tough love and tough language.
Carmona went on to earn a master's degree from Columbia University before co-founding STRIVE in the 1980s. Now, most of STRIVE's employees are black women, defense attorney Diane Krebs told jurors in her opening statement.
"And Mr. Carmona is himself black, as you yourselves can see," Krebs said.
In his testimony, Carmona defended his use of the word, saying he used it with Johnson to convey that she was "too emotional, wrapped up in her, at least the negative aspects of human nature."
Then he explained that the word has "multiple contexts" in the black and Latino communities, sometimes indicating anger, sometimes love.
Carmona said he might put his arm around a longtime friend in the company of another and say: "This is my n----- for 30 years."
"That means my boy, I love him, or whatever," he said.
He was asked if he meant to indicate love when he called Johnson the word.
"Yes, I did," he responded.
The controversy is a blemish on STRIVE, which has been heralded for helping people with troubled backgrounds get into the workforce. Its employment model, which was described in a CBS' "60 Minutes" piece as "part boot camp, part group therapy," claims to have helped nearly 50,000 people find work since 1984.
Sharpe told jurors that STRIVE's tough-love program cannot excuse Carmona's behavior.
"Well, if calling a person a n----- and subjecting them to a hostile work environment is part of STRIVE's tough love, then STRIVE needs to be reminded that this type of behavior is illegal and cannot be tolerated," she said.
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I agree with the jury - if it's wrong for one race to say, it's wrong for all races to say.
However, $250,000.00 in compensatory damages, PLUS possible punitive damages..........for being called a name seems a bit high to me. As in - way, way high.
I'm not a lawyer or judge. Maybe that's a minimum amount for compensatory damages.....I don't know.
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i'm black(well half, and half puerto rican) and i use the n-word all the time.
even at work(military) when we are Bs'ing around. and i also fully understand that if anybody complains about it, i will be held accountable because it ISN'T allowed in the workplace.
people need to watch who they say this around. if you and your friends use it, fine. around other co-workers who aren't use to the word or find it offensive, not so much.
“To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public.”
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The reason I posted it was because I found it interesting that it says that if a word is taboo ( which I ardently disagree with ) for one then it is taboo for all plus the whole criminalizing of a word is funny to me.
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Quote:
rejected the argument that use of the N-word among blacks can be a culturally acceptable term of love and endearment, deciding that its use in the workplace is hostile and discriminatory no matter what.
Jurors last week awarded $250,000 in compensatory damages to a black employment agency worker who was the target of a rant laced with the N-word by her black boss.
Ok, putting those two thoughts together, it doesn't sound like he meant it as a term of endearment..
yebat' Putin
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Quote:
people need to watch who they say this around. if you and your friends use it, fine. around other co-workers who aren't use to the word or find it offensive, not so much.
I say lots of things to my friends that I wouldn't say to a co-worker... I guess the lines get blurred because we have a fairly small office and a lot of of my co-workers are friends that I play golf with, watch football, etc.. so there is definitely a blurring of the lines there... but we seem to make it work.
yebat' Putin
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~ Legend
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Quote:
i'm black(well half, and half puerto rican) and i use the n-word all the time.
even at work(military) when we are Bs'ing around. and i also fully understand that if anybody complains about it, i will be held accountable because it ISN'T allowed in the workplace.
people need to watch who they say this around. if you and your friends use it, fine. around other co-workers who aren't use to the word or find it offensive, not so much.
Yep. I have no problem calling my friends every curse word under the stars, but I'd never say that to my coworker.
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That's a lot of damn money. What's to stop two people from planning a scenario where one calls the other the N word and they split the profits?
And into the forest I go, to lose my mind and find my soul.
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#GMSTRONG
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This is off topic, but it has been bothering me.
Back when Riley Cooper came under fire for his idiotic statement (I'm not disputing how hurtful and ignorant they were) ESPN showed his quote on the screen and showed the word as "N*****" .... but then they showed a response by an African American who used the word "cracker," yet none of those letters were beeped out.
Why wasn't the word cracker edited? It's just as demeaning to a Caucasian person IMO.
"First down inside the 10. A score here will put us in the Super Bowl. Cooper is far to the left as Njoku settles into the slot. Moore is flanked out wide to the right. Chubb and Ford are split in the backfield as Watson takes the snap ... Here we go."
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This is off topic, but it has been bothering me.
Back when Riley Cooper came under fire for his idiotic statement (I'm not disputing how hurtful and ignorant they were) ESPN showed his quote on the screen and showed the word as "N*****" .... but then they showed a response by an African American who used the word "cracker," yet none of those letters were beeped out.
Why wasn't the word cracker edited? It's just as demeaning to a Caucasian person IMO.
i'm not saying both words aren't bad...
but lets not fool ourselves. cracker was a term invented because of the sound of whites cracking whips at the slaves. and i never met a white person, even in the military, that got offended by that word.
while the N-word was used by whites as a way to intimidate and demean blacks.
“To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public.”
- Theodore Roosevelt
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#GMSTRONG
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Quote:
Back when Riley Cooper came under fire for his idiotic statement (I'm not disputing how hurtful and ignorant they were) ESPN showed his quote on the screen and showed the word as "N*****" .... but then they showed a response by an African American who used the word "cracker," yet none of those letters were beeped out.
Do you really need this explained?
As for the ruling...can't say I'm a fan of banning words. I find it wholly unnecessary.
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I know you were all waiting for me to chime in  , so, I love this ruling. If you use the word, whether white, and ESPECIALLY black, keep it at home. I hate being out and seeing a group of young ignorant black kids throwing it around like nothing, while white, asian, hispanic adults and kids hear it said like nothing. I HATE THAT. Now, don't get me wrong, I use the word in casual conversation and in conversations about the state of black community (some of you may remember Chris Rock's joke about black folks and n****s, which is a real debate, I would imagine something similar about white people and rednecks) Good job New York, you finally did something worthwhile
"My country is the world, and my religion is to do good" Thomas Paine
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If you use the word, whether white, and ESPECIALLY black, keep it at home. I hate being out and seeing a group of young ignorant black kids throwing it around like nothing, while white, asian, hispanic adults and kids hear it said like nothing.
That's a hard line to draw though... "Kids I know we throw this around at home but don't say it outside the home or in the wrong context or the wrong company."
You can see where kids are going to struggle with that apparent contradiction. Eventually most kids learn as they grow older that some things are acceptable in certain company and others are not but, it is a mixed message.
yebat' Putin
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$250,000 for being called a name is outlandish.
He could have called her lazy, unprofessional, unmotivated, etc. etc. but the second he brings up a sub-category of their shared community that displays those qualities he's subject to $250,000 in fines.
It seems to me courts never give the right amount of money. Frankly I don't think verbal harassment is worth a penny, you just get a new job... But....I could see the argument saying she should get a years salary and legal fees.
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Yeah, a quarter of a million dollars seems extreme. However, she did report the behavior, and it went without being addressed, so that is the penalty that a business that allows such a working environment pays. From the story, this wasn't one time, and she did report it to her superiors, who did nothing about it. It seems like she did all that she could before suing.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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i'm not saying both words aren't bad...
but lets not fool ourselves. cracker was a term invented because of the sound of whites cracking whips at the slaves. and i never met a white person, even in the military, that got offended by that word.
while the N-word was used by whites as a way to intimidate and demean blacks.
In the end it doesn't matter what a word means or its historical context.. being highly offended is completely subjective to the hearer of the word and that persons interpretation of the context... You're fat, you're stupid, you're a redneck, you're a b**ch, you're a wap, Jew, S.O.B., you're old,... so we are left with some grade of what is "socially acceptable" to determine which words to outlaw... it's all rather insane when you think about it..
yebat' Putin
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Quote:
Quote:
This is off topic, but it has been bothering me.
Back when Riley Cooper came under fire for his idiotic statement (I'm not disputing how hurtful and ignorant they were) ESPN showed his quote on the screen and showed the word as "N*****" .... but then they showed a response by an African American who used the word "cracker," yet none of those letters were beeped out.
Why wasn't the word cracker edited? It's just as demeaning to a Caucasian person IMO.
i'm not saying both words aren't bad...
but lets not fool ourselves. cracker was a term invented because of the sound of whites cracking whips at the slaves. and i never met a white person, even in the military, that got offended by that word.
while the N-word was used by whites as a way to intimidate and demean blacks.
I never knew that's where that term came from.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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I know you were all waiting for me to chime in , so, I love this ruling. If you use the word, whether white, and ESPECIALLY black, keep it at home. I hate being out and seeing a group of young ignorant black kids throwing it around like nothing, while white, asian, hispanic adults and kids hear it said like nothing. I HATE THAT. Now, don't get me wrong, I use the word in casual conversation and in conversations about the state of black community (some of you may remember Chris Rock's joke about black folks and n****s, which is a real debate, I would imagine something similar about white people and rednecks)
Good job New York, you finally did something worthwhile
A) There are already plenty of measurements in place for recourse here.
B) Where do we draw the line on legislating stupid?
Going back to A)... honestly, I understand that the legal system protects the rich and punishes the poor, but if someone calls you the 'N-word' at work, almost anyone can find a pro-bono or pay-a-%-of settlement lawyer that will bring up the case. Most companies will settle to a point of presumed legal fees.
And...C) I am against the legislation or banishment of words. I don't care what that word is.
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That changes the old nursery rhyme, sticks and stones may break my bones but names will cost me a couple of years salary.
Just doesn't have the same ring to it.
#GMSTRONG
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Now we know the price tag for hurt feelings ...
‘N-word’ plaintiff wins another $30K for punitive damages
The Washington Times
9/4/2013
The black woman who brought a hostile workplace complaint against her black boss for his repeated use of the “N-word” during a lengthy office rant has now won a $30,000 punitive damages award.
That adds to the $250,000 she won a few days ago in compensatory damages from a federal jury in Manhattan.
The case pitted Brandi Johnson, 38, against Rob Carmona, 61, the founder of the STRIVE East Harlem organization to help those of lesser means find jobs and gain economic sustainability. Ms. Johnson said Mr. Carmona had used the N-word repeatedly during a March 2012 office discussion, in which he expressed his dissatisfaction with her work performance. She testified that the dressing down and his use of the N-word left her “offended” and “embarrassed,” and that she spent 45 minutes crying in the bathroom.
Mr. Carmona, for his part, said he was only using the N-word as a term of endearment and that in the black culture, the term was often expressed in love. A federal jury didn’t buy that argument, and awarded Ms. Johnson $250,000 in compensatory damages.
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The case pitted Brandi Johnson, 38, against Rob Carmona, 61, the founder of the STRIVE East Harlem organization to help those of lesser means find jobs and gain economic sustainability.
Well that just drips with irony now doesn't it. 
yebat' Putin
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I'd say in this case he succeeded ! 
#gmstrong
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