The United States District Court for the District of New Jersey recently denied the parties cross-motions for summary judgment in the case Reginald L. Cannon v. Bradbury Burial Vault Co., Inc. In this case, the plaintiff, Mr. Cannon, alleges that he was subjected to race discrimination and a hostile work environment discrimination.
Mr. Cannon filed partial summary judgment for racial harassment in violation of Title VII, 42. U.S.C. 2000e, et. seq. as a result of being subjected to a racially hostile work environment at his employment with Bradbury Burial. The defendant, Bradbury Burial, opposed Mr. Cannon’s motion for partial summary judgment m and cross-moved for summary judgment claiming that Mr. Cannon failed to show that the racial discrimination complained of was pervasive and severe and that Bradbury Burial has no respondeat superior liability in the case.
Mr. Cannon’s allegations include numerous events of race discrimination taking place from 2004 through 2009. The incidents complained of primarily involved two co-workers of Mr. Cannon, who called Mr. Cannon racially derogatory names such as “black bastard,” “jigaboo,” “dumb black people” and “nigger”. Mr. Cannon does not allege that any managers or supervisors engaged in any racially harassing conduct. In 2006, Mr. Cannon and one of the co-workers had a physical altercation as a result of the co-worker stating to Mr. Cannon, “f*ck you ‘nigger’. It was also alleged that Mr. Cannon referred to the co-worker as a “spic”. This incident resulted in Mr. Cannon and the co-worker being issued warnings from their supervisor. In 2007, Mr. Cannon complained to his supervisors after learning that co-workers had referred to him as a “coon.” In the summer of 2007, Mr. Cannon got into another physical altercation with a co-worker who called Mr. Cannon a ‘nigger’ during the altercation. In 2009, Mr. Cannon complained about co-workers referring to hip hop music as “jungle music”.