How Many Swastikas Sprayed On The Locker Of An Auschwitz Survivor Constitutes Hostile Work Environment

“If you were a (rare) survivor of the Auschwitz death camp, would one swastika spray painted in your workplace be enough to create a hostile environment for you? Or one “Hitler” scrawled on your work locker?

No? How about two?

OK — how many, then?

These may be hypotheticals, but the underlying issue is all too real for people of color. It seems that racial harassment cases always have the same racial slurs and tropes: either the N-word, a noose, or both. Always. Although KKK hoods are becoming popular these days.

So how many N-words or nooses make up a “serious” case of racial harassment? How many KKK hoods?”

This is the theme of my new article in Above The Law.

Read the entire article here.   Read all of my ATL articles here.

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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]