Calling an employee a "stupid fag" just once is grounds for a prima facie case of hostile workplace discrimination based on sexual orientation, a New Jersey appeals court has ruled. The panel on Wednesday reinstated a gay man's suit against his former employer, Merrill Lynch. The judges invoked the federal "cat's paw" doctrine, allowing the plaintiff's wrongful discharge suit to go forward even though the bias claim was directed at a lower-level supervisor and not at the manager who fired him.
Single Anti-Gay Remark Sufficient for Hostile Workplace Claim, N.J. Court Says
New Jersey Law Journal
August 15, 2008