3d Circuit Clarifies Standard in Workplace Harassment Cases

In a decision issued last week, the U.S. Court of Appeals for the Third Circuit clarified that a single comment may give rise to a claim of workplace harassment.  In its decision, issued in Castleberry v. STI Group, the court reinstated harassment claims brought by two African Americans who contended that a supervisor had used a racial epithet and that this comment, standing alone, was sufficient under the law to prove illegal workplace harassment.

At issue in the case was whether an employee claiming workplace harassment must prove that the objectionable conduct is severe, pervasive, or both severe and pervasive.  In Castleberry, the Third Circuit clarified that an employee must demonstrate either severity or pervasiveness; the employee does not have to demonstrate that the objectionable conduct is both severe and pervasive.