Internet recoils in horror: Amy Coney Barrett ruling says n-word does not make workplace 'hostile.'

[TheBlackAdder]

.

A ruling by Supreme Court nominee Amy Coney Barrett that whitewashed racism in the workplace shocked the Internet this week.

In a recent report on Barrett’s notable opinions, the Associated Press highlighted a 2019 workplace discrimination ruling that Barrett wrote for a unanimous three-judge panel.

According to the the report, Barrett said that there was no evidence that use of the n-word “created a hostile or abusive working environment.”

The AP reported:

“The n-word is an egregious racial epithet,” Barrett wrote in Smith v. Illinois Department of Transportation. “That said, Smith can’t win simply by proving that the word was uttered. He must also demonstrate that Colbert’s use of this word altered the conditions of his employment and created a hostile or abusive working environment.”


https://www.rawstory.com/2020/10/internet-recoils-in-horror-over-amy-coney-barrett-ruling-that-says-n-word-does-not-make-workplace-hostile/

I wonder if there are school records where she addresses this issue with her adopted child and classmates.

.

[dalton99a]

1. Kick

[JCMach1]

2. Roll back to 6... Trump train off court

[Blue Owl]

3. K&R for exposure

n/t

[Eliot Rosewater]

4. All of this was avoidable, just had to support Hillary

That’s all people had to do and this was all avoidable

[davekriss]

37. She would have made a great President

Instead, we get this. All of it. 3 SCOTUS seats lost. Innumerable sears lost on appellate courts. 215,000 dead. And so much more.

[Eliot Rosewater]

38. And still no apology

[pandr32]

43. It makes me ill

I know people that voted 3rd party 2016 and are now saying they have no tolerance for Trump supporters. I don't know how they can miss their own hypocrisy.

[Eliot Rosewater]

50. I want a fucking apology

unless they are actually NOT sorry

[Codeine]

52. 100% gospel motherfucking truth.

I don’t begrudge Republicans for doing what they do anymore than I begrudge a dog for barking. I do, however, demand better from those nominally on our side.

They need to realize and own up to their folly, and accept their responsibility for what has happened. It lies upon their shoulders, and forever shall.

[Eliot Rosewater]

55. Just like I dont hate traitor the same way I hate MM (Moscow Mitch), for example.

Traitor does not possess the capability of caring about human life other than his own, for real, he does not and I dont say that as an insult, it is a psychiatric and physiologic fact.

MM and Pence and others, that I know of, do NOT have this same affliction. THEREFORE they DESERVE to be HATED...

For a long time I said I wouldnt blame trump the same way I wouldnt blame a rabid dog for biting me, but the others have no excuse.

But more to YOUR point, ANYONE who claims to be anti GOP (which you have to be to be a decent human being) who then does not vote for the ONLY OTHER PARTY IN EXISTENCE capable of opposing said GOP, is an ENEMY OF THE HUMAN RACE also...

If they would apologize, maybe, just maybe...sigh

[treestar]

56. +1

That warmongering corporatist at least would not have appointed those three justices.

[panader0]

5. Send this to one of the remaining Democrat Senators so they can ask her about it.

There's still seven hours of questioning.

[phylny]

11. Democratic Senators

[aggiesal]

24. Thank you!

[Walleye]

6. I wonder what is her opinion on sexual harassment. Sometimes it's just words but it's very hostile

[durablend]

27. "Clearly it's just a little attention!"

"Jeez, you libs are so sensitive!"

[Walleye]

36. Maybe she's never experienced it. Because of all the work the women that came before her did

[scipan]

53. Boys will be boys! Whites will be whites!

[still_one]

7. A perfect vision of trump

[Varaddem]

8. What are we gonna call them now

Justice has left the room

[sheshe2]

9. Doesn't she have two adopted black children?

So… She would be OK if someone called her children the N-word perhaps in school? That wouldn’t be a hostile environment? Unbelievable!

[StarryNite]

12. Maybe she calls them that since she doesn't see anything wrong with it.

I feel sorry for all of her kids.

[sheshe2]

17. Perhaps she does.

[BannonsLiver]

18. Yes

White (and often racist) religious fanatics often adopt minority children for image purposes.

“I can’t be a racist, I have black children.” Etc

[sheshe2]

20. I can see her doing just that.

[VivaResitance]

28. Yes

Almost positive that she sees them as an accessory like a Gucci handbag or something.

[smirkymonkey]

49. Another "Mommie Dearest".

Ugh! What a horrible woman!

[Politicub]

22. She has a "collection" of children for optics

There’s a reason why she trots them out at every opportunity. I can’t imagine how horrid she would be as a mother. The kids rarely look happy.

[58Sunliner]

29. And it is sickening. They are being brainwashed.

[JI7]

44. Yes, Just like she was ok bringing them to a crowded event with a Pandemic

going on.

[vlyons]

10. well then, that means

kike, chink, spick, greaser, towel-head, cunt, and prick and many many more are OK too. *snark*

But is Fascist still OK?

[Zing Zing Zingbah]

13. Are you kidding me?!?!

I feel like this should immediately disqualify her.

[Autumn]

14. Want evidence? Go into an actual work place where there are black employees and toss that word

around. Lets see how fucking hostile it gets in there.

[gay texan]

23. somebodys gonna get a

55 gallon drum of ass whoop poured on them

[electric_blue68]

62. Heh.

[Anon-C]

15. Has anyone asked her about this case?

[berni_mccoy]

16. So Justice Roberts could call her a nasty b-word and that's ok?

[CaptYossarian]

26. Bluto Kavanaugh is more likely.

We'll be hearing from Clarence Thomas just as soon as Alito gets his hand up Clarence's ass.

[DFW]

19. I think I just heard the sound of Tim Scott gagging, and Washington is 4000 miles from here

It MAY have been something else, but I'm pretty sure that was what it was. And Scott will vote for Phony Carrot anyway, because, well IOKIYAR.

Well, and the fact that to a black Republican Senator, there is only thing worse than a racist, and that is a liberal.

[bucolic_frolic]

21. Ouch! That's about as tone-deaf as it gets.

Soon we'll all be just a collection of derisive labels. Take yours with a smile!

[lpbk2713]

25. This is big.

This could be a tipping point if enough voters were to contact their elected officials.

[VivaResitance]

30. Please!

Has anybody asked her about this? Absolutley no excuse for it period!

[ancianita]

31. What fascists do -- smile like overseers. Smile as they curse or knee or shoot or lynch you.

The original protection racket killed wills and minds of women, and in return they got to live and keep their children. With each generation of girls, the adaptation became ingrained.

Living with stockholm syndrome, only women like Barrett wouldn't know what a hostile environment is.

[BlancheSplanchnik]

34. 👆 this

[BlancheSplanchnik]

32. What The Fuck???

Did she just step off the plantation? 🤬

[aggiesal]

33. This should immediately disqualify her ...

but the (R) Senators will not give 2 f&%ks and vote her in anyway.

[58Sunliner]

35. Wow. Unanimous ruling. 3 sick fucks all thinking alike.

Did the men tell her how to rule? Snark.

[calimary]

39. Indeed.

[Hugin]

40. Send her home!

We don't need a Joy Turner on the USSC.

But, Moscow Mitch isn't listening.

Collins is concerned.

People are losing their houses and lives to COVID.

SNAFU.

[calimary]

42. How is it NOT a hostile and abusive environment in such a case?

I don’t get it. How on earth is it NOT materially relevant to promoting that kind of environment???

If I were African American, that would shake me up, badly. And I don’t think I’d feel welcome there.

As a white woman I would be uncomfortable working in an environment where that kind of language was used and excused or accepted. I wouldn’t want to work in that environment either.

[ProfessorGAC]

47. If The Person Who Used The Epithet...

...was not summarily dismissed, it's a hostile environment!
The inaction would be a sanctioning of the use of the term.
I was in management, and our yearly legal responsibility review made it clear that doing nothing is the same as condoning it.
I never heard a corporate lawyer say otherwise.
And, this dimwit is nominated to scotus!

[uponit7771]

64. +1, management condoning the action through silence would further establish hostile

.... environment

[skypilot]

45. So...

...I guess you'd have to be beating a black person while uttering the word for the workplace to be considered hostile.

[LAS14]

46. I know I'll get enormous kick back, but....

1 - She doesn't think it's "ok." She thinks it's "an egregious racial epithet."

2 - She makes a valid point. If you're going to bring a suit, you really do have to demonstrate that more happened than a person uttering the word.

3 - She was writing for a 3 panel unanimous opinion.

I sure don't want her on the SC, but this kind of ranting doesn't help our case.

[treestar]

54. Here's a bit more

Barrett went on to say that Smith “introduced no evidence that Colbert’s use of the n-word changed his subjective experience of the workplace. To be sure, Smith testified that his time at the Department caused him psychological distress. But that was for reasons that predated his run-in with Colbert and had nothing to do with his race. His tenure at the Department was rocky from the outset because of his poor track record.”

A possible colleague of Barrett’s took a different view on racial slurs in 2013. Justice Brett Kavanaugh, then serving as a federal appeals court judge in Washington, D.C, said one utterance was enough. “But, in my view, being called the n-word by a supervisor ... suffices by itself to establish a racially hostile work environment. That epithet has been labeled, variously, a term that ‘sums up . . . all the bitter years of insult and struggle in America,’ ‘pure anathema to African-Americans,’ and ’probably the most offensive word in English,” Kavanaugh wrote. “No other word in the English language so powerfully or instantly calls to mind our country’s long and brutal struggle to overcome racism and discrimination against African-Americans. In short, the case law demonstrates that a single, sufficiently severe incident may create a hostile work environment actionable” under federal anti-discrimination laws.

[link:https://apnews.com/article/race-and-ethnicity-donald-trump-confirmation-hearings-discrimination-amy-coney-barrett-4380ef16b3da79836151bcaaa7eda224|

The Kavanaugh part is a surprise.

[uponit7771]

65. #2 is not true practically or establish law. Being called the N-word daily by racist assholes is

... establishes animus.

[LAS14]

67. Apparently he was called that after dismissal procedures had begun. As I read it..

... he didn't make the case that he was called this "daily."

[uponit7771]

68. The number of times isn't relevant the indicator of animus is. She basically said the N-Word isn't..

... an indicator of animus by saying there's no negative employment action related to it since the person was already fired.

The N-Word itself is an indicator of animus when said by an employer at anytime and it would be up to a jury to decided whether or not the word was related to the post negative employment action.

Lilly Ledbetter act is a law that says that a person can sue .. AFTER .. they found an indicator of animus in employment situations.

Her ruling doesn't even sound informed on the basics of employment discrimination law.

[cwydro]

48. Wow.

No words.

[JohnnyRingo]

51. Depends on context I assume?

"You n***ers get back to work" = hostile work environment.
"You n***ers are some of the good ones" = A complement from a compassionate employer.

hahaha No, there's no contextual way to use that word without utter contempt.
I wonder how the judge would feel about the other 8 justices referring to her to as the c*nt.

[scipan]

57. " created* a hostile or abusive working environment"?

That word is evidence that a hostile, abusive working environment already existed.

How would she feel if someone called her a religious nutcase?

[uponit7771]

66. +1, or exist afterwards unless management steps in after finding out

[martouf]

58. So, I guess using the C-word with respect to her will be just fine.

I really try hard not to use the word "bitch" anymore. I recognize it is an affront to women. Using the c-word is far worse, in my opinion.

When she dances around if using the n-word is hostile, I just have to let down the barriers though.

[tinymontgomery]

59. How can Tim Scott Live with him Self?

How can Tim Scott Live with him Self after watching what the
republican party has become and then support Barrett after
some of her decisions while on the court.

[Initech]

60. You're welcome to try it, Amy.

Just go into a Wal-Mart in Compton and say it, and see if you make it out of there with your clothing and face intact.

[electric_blue68]

61. Ggrrrrrrrrrrrr...

Are you that stupid, or that racist, Amy?!!!!!

[uponit7771]

63. Yep, racist asshole ... Figured after couldn't say there was systemic racism in policing