Taylor v. Metzger

In Taylor v. Metzger, 152 N.J. 490, 501, 706 A.2d 685 (1998), the Court dealt with just such a "single utterance" incident--a particularly ugly racial epithet which the Court found "had an unambiguously demeaning racial message that a rational factfinder could conclude was sufficiently severe to contribute materially to the creation of a hostile work environment." Id. at 502, 706 A.2d 685. The term employed against an African American employee, "jungle bunny," was described by the Court as "patently a racist slur, and is ugly, stark and raw in its opprobrious connotation." Id. at 502-03, 706 A.2d 685. The experience of being called such a name, "is like receiving a slap in the face. The injury is instantaneous." Id. at 503, 706 A.2d 685. In addition, said the Court, the "severity of the remark" in Taylor was exacerbated by the fact that it was uttered by a supervisor or superior officer. Defendant was not an ordinary co-worker of plaintiff; he was the Sheriff of Burlington County, the chief executive of the office in which plaintiff worked. That fact greatly magnifies the gravity of the comment. Ibid. In Taylor v. Metzger, 152 N.J. 490, 706 A.2d 685 (1998), the plaintiff's supervisor referred to her as a "jungle bunny." Id. at 495, 706 A.2d 685. Citing out-of-state authorities, the Court held that the single utterance of the racial epithet was so egregious as to be actionable under the LAD. Id. at 502, 706 A.2d 685. The Court noted that "the severity of the remark . . . was exacerbated by the fact that it was uttered by a supervisor." Id. at 503, 706 A.2d 685. The Court reasoned that "a supervisor has a unique role in shaping the work environment," and that "part of a supervisor's responsibilities is the duty to prevent, avoid and rectify invidious harassment in the workplace." Ibid.