Comedian’s Alleged Racist Stand-Up at Company Board Retreat: Jury to Decide if Hostile Work Environment Created

The Grand View Hospital in Pennsylvania hired a comedian (whitemale) to perform at their board retreat. After the performance, thehospital’s CFO (whitefemale) complained that the comedian was racist and created a hostile workenvironment for minorities in the audience. Several weeks later, the CFO was terminated.

The CFO suedthe hospital alleging she was terminated in retaliation for reporting thehostile work environment created by the stand-up routine. The federal judgehearing the case denied the hospital’s summary judgment motion, finding “factsin dispute” and moving the case to a jury trial. 

In its motion, the hospital argued that the CFO failed to show she engaged in a protected activity when shecomplained. The hospital’s position that no reasonable person could believe aracially hostile work environment existed based on a single performance by athird-party entertainer was rejected. The judge was swayed that the CFO had made her complaint in “good faith.”

Now, a jury will decide whether the CFO had an objectively reasonable belief that the comedian’s actcreated a hostile work environment and, if so, whether the CFO was terminated for engaging in a protected activity-complaining.

Regardless of whether the CFO ultimatelyprevails, this case highlights the need for employers to exercise caution whendealing with retaliation claims, even where the underlying complaint fallsoutside the traditional workplaces.

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