In a racial harassment case an unlawful the hostile work environment exists where the harassment is severe or pervasive. Recently, the Fourth Circuit Court of Appeals in EEOC v. Central Wholesalers, No. 08-1181 (July 23, 2009), described the type of facts that could establish an unlawful hostile work environment:
"We also conclude that a reasonable jury could find that the race-based harassment was objectively severe or pervasive. Three of Medley's co-workers in Inside Sales used the word n****r, and at least one of them used it 'pretty much everyday.' Moreover, during the November 10 incident, DaBay called Medley a black stupid n****r, a black n****r, and a black stupid b***h, among other derogatory terms. In addition, two of her co-worker's kept blue-colored mop-head dolls in their offices which they had hanging by nooses tied around the dolls' necks. As in past cases, 'we cannot ignore the habitual use of epithets here or view the conduct without an eye for its cumulative effect.'"
