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‘N-word’ on trial: Federal jury says it’s not a term of endearment

A federal jury ruled that saying the N-word in the workplace no matter the ethnicity of the person who uses it is hostile and discriminatory, and not a term of endearment. The ruling clarifies what some have called a confusing double standard for years that blacks can say the N-word with impunity, but if other races do, its blatant discrimination.

Jurors in Manhattan awarded $250,000 in damages and compensation last week to a black employment agency worker, Brandi Johnson, 38, who was subjected to an N-word rant from her black employer, Rob Carmona, The Associated Press reported. On Tuesday, the case heads back to federal court to determine the punitive damage amount.

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Ms. Johnson said through her attorney that the rant was a four-minute [N-word] tirade, that sent her to the bathroom to cry for 45 minutes.

She testified: I was offended. I was hurt. I felt degraded. I felt disrespected. I was embarrassed, AP reported.

Her attorney said, during closing arguments, that when you use the [N-word] to an African-American, no matter how many alternative definitions that you may try to substitute with the [N-word], that is no different than calling a Hispanic by the worst possible word you can call a Hispanic, calling a homosexual male the worst possible word that you can call a homosexual male, AP reported.

Defense attorneys tried to paint Mr. Carmona as a victim of his environment, which included a tough New York City upbringing by a single mother that led to his addiction to heroin. He overcame that addiction, but said the N-word had been part and parcel of his growing up years, and that it meant different things in different settings.

For instance, he testified, AP reported, he might put his arm around a longtime friend and say This is my [N-word] for 30 years. The word has multiple contexts, he said. He also said that word has affectionate and love connotations and it was in that tone, that he said it to Ms. Johnson.

Mr. Carmonas business is called STRIVE East Harlem, and he founded it as a means of helping those of fewer means with ability to gain employment.

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‘N-word’ on trial: Federal jury says it’s not a term of endearment

The double standard of the "N-word" addressed in trial

A federal jury decided that the use of the N-word is not an acceptable expression of love and endearment, but rather a hostile and discriminatory term, no matter what ethnicity the speaker is.

The case addressed the double standard that the word is a degrading slur when used by whites but is acceptable to be used freely by blacks. 38-year old Brandi Johnson filed the case against Rob Carmona and his agency STRIVE East Harlem after a four-minute ni--er tirade about inappropriate and unprofessional dress and behavior, according to the Associated Press.

Johnson addressed the verbal abuse during the trial, saying, I was offended. I was hurt. I felt degraded. I felt disrespected. I was embarrassed.

Johnson and her attorney claimed that the sole purpose of the word is to offend someone. "When you use the word ni--er to an African-American, no matter how many alternative definitions that you may try to substitute with the word ni--er, that is no different than calling a Hispanic by the worst possible word you can call a Hispanic, calling a homosexual male the worst possible word that you can call a homosexual male," attorney Marjorie M. Sharpe maintained during her closing statement.

The defense claimed that Carmona's rough background instilled a different meaning of the word in his mind. Carmona said that the word has multiple contexts, ranging from hate and anger to love. He also claimed that his use of the word towards Johnson was supposed to be out of love.

But Sharpe fought back, saying, "well, if calling a person a ni--er and subjecting them to a hostile work environment is part of STRIVE's tough love, then STRIVE needs to be reminded that this type of behavior is illegal and cannot be tolerated."

Last week, jurors awarded $250,000 in compensation damages to Johnson. The jury will return to a Manhattan federal court Tuesday to determine the punitive damages.

The Washington Times reports that the results only apply to this case specifically, but it could have further effects on how these kinds of situations are handled in the workplace.

Excerpt from:
The double standard of the "N-word" addressed in trial

N-word on trial: Should the law hold a double standard?

The N-word is unacceptable from whites, but some argue it is socially acceptable within the African-American community. A recent court case challenges that double standard, arguing that it is a degrading term regardless of the race of the speaker.

In a case that gave a legal airing to the debate over use of the N-word within the African-American community, a federal jury has rejected the argument by an African-American manager that it was a term of love and endearment when he aimed it at an African-American employee.

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Jurors awarded $30,000 in punitive damages Tuesday after finding last week that the manager's four-minute rant was hostile and discriminatory, and awarding $250,000 in compensatory damages.

The case against Rob Carmona and the employment agency he founded, STRIVE East Harlem, hinged on the what some see as a complex double standard surrounding the word: It's a degrading slur when uttered by whites but can be used at times with impunity between African-Americans.

But 38-year-old Brandi Johnson told jurors that his race didn't make it any less hurtful when Carmona repeatedly targeted her with the slur during a March 2012 tirade about inappropriate workplace attire and unprofessional behavior.

Johnson, who taped the remarks after her complaints about his verbal abuse were disregarded, said she fled to the restroom and cried for 45 minutes.

"I was offended. I was hurt. I felt degraded. I felt disrespected. I was embarrassed," Johnson testified.

The jury ordered Carmona to pay $25,000 in punitive damages and STRIVE to pay $5,000.

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N-word on trial: Should the law hold a double standard?

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