Emphasizing the preference noted by the United States Supreme Court in Farragher v. Boca Raton for "harmonizing the standards applied in cases of racial discrimination and sexual discrimination," the Tenth Circuit applied the sexual harassment framework recently set forth in Farragher and Burlington Industries v. Ellerth to a claim of racial harassment by a black city employee. The city therefore can be held liable for the conduct of its supervisor who created the racially hostile environment if the supervisor acted with the intent to serve the city's interests. Further, the city can be held liable even if the plaintiff suffered no tangible employment action, unless the city can show that it exercised reasonable care to prevent and correct the supervisor's behavior and that the plaintiff failed to take advantage of the city's complaint procedure.
Sexual Harassment Frame Work Used in Racial Harassment Case
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Wright-Simmons v. City of Oklahoma City, No. 96-2603, 1998 WL 614414 (10th Cir., Sept. 15, 1998).
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