Nor is there any proof direct or indirect that

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Unformatted text preview: supervisor Ronnie Curry's reference to a black employee as a "gorilla" – is simply not "severe or pervasive enough" to create an objectively hostile work environment. Racial animus cannot be inferred from a handful of discriminatory comments by lowlevel employees, most of which were not directed at Smith, over a twenty-year span of time. See Burnett, 2000 WL 145825, at *5 (holding that the occurrence of three sexually offensive remarks by the plaintiff's personnel manager spread out at the beginning and at the end of a six-month period were not commonplace, ongoing, or continuing and therefore not pervasive discriminatory conduct); Black v. Zaring Homes, Inc., 104 F.3d 822, 826 (6th Cir. 1997) (reversing a jury verdict although the plaintiff alleged various discriminatory comments made consistently over a four-month period, because viewed under the totality of the circumstances the [*17] comments were merely offensive, and most were not directed at the plaintiff). Cf. Jackson, 191 F.3d at 658 (finding a racially hostile work environment where plaintiff established persistent racial slurs and graffiti as "conventional conditions on the factory floor"); Williams v. General Motor Corp, 187 F.3d 553, 562-66 (6th Cir. 1999) (holding that fifteen separate allegations of persistent foul language and sexually explicit comments directed at the plaintiff, three of which involved an "element of physical invasion," offensive comments towards women in general, denial of the plaintiff's overtime, viewed collectively, created issue of fact that the plaintiff was subject to a sexually hostile work environment); Abeita v. Transamerica Mailings, 159 F.3d 246, 252 (6th Cir. 1998) (holding that the plaintiff's allegations of sexually offensive statements that were commonplace and ongoing over a period of seven years, coupled with daily statements by the president of the company, with whom the plaintiff worked closely, about his sexual interest in female employees and models,...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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