When do racist comments rise to the level of harassment?
Abstract: Recently, the Eighth Circuit weighed the rights of an employee under the National Labor Relations Act and the obligations of an employer under Title VII of the Civil Rights Act. As this article relates, an employee was accused of making racist statements during a lockout and his employer decided not to recall him when the lockout ended. The employer argued that reinstating the employee would conflict with its obligations to maintain a nonhostile work environment. Cooper Tire & Rubber Company v. NLRB, No. 16-2721, Aug. 8, 2017 (8th Cir.)