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Unformatted text preview: or a verdict. See Schrand v. Federal Pacific Elec. Co., 851 F.2d 152, 156 (6th Cir.
1988) (age-related comments by nondecisionmakers was not relevant, "embellished the
circumstantial evidence directed to that issue by adding 'smoking gun' type evidence,"
and "offered an emotional element that was otherwise lacking as a basis for a verdict" for
the plaintiff). The district court committed reversible error in admitting the evidence.
[*15] See id. 851 F.2d at 157 (holding that district court committed clear error in
admitting "too old" statements, warranting reversal).
Smith also claims that the discriminatory remarks, viewed collectively, establish that
Defendants tolerated a racially hostile atmosphere. n1 In order to establish a racially
hostile work environment under Title VII, the plaintiff must show that the conduct in
question was severe or pervasive enough to create an environment that a reasonable
person would find hostile or abusive, and that the victim subjectively regarded it as
abusive. See Jackson v. Quanex Corp., 191 F.3d 647, 658-59 (6th Cir. 1999); see also
Burnett v. Tyco Corp., 203 F.3d 980, 2000 WL 145825, at *3 (6th Cir. 2000). The
plaintiff must also prove that his employer "tolerated or condoned the situation," or knew
or should have known of the alleged conduct and did nothing to correct the situation. See
Jackson, 191 F.3d at 659.
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - - 103 n1 The district court granted judgment as a matter of law on Smith's pattern or practice
discrimination claim. Smith does not challenge that ruling on appeal. Rather, on appeal
he argues that the alleged racially hostile atmosphere is proper circumstantial evidence
that the proffered reason did not actually motivate his discharge. We therefore evaluate
this evidence under the second Manzer prong.
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [*16]
Smith's evidence - a racial slur in 1974 by an unknown coworker, a racially offensive and
obscene cartoon passed around in the late 1980's or early 1990's by one who was not
involved in Smith's termination decision, Bobby Guy's racist joke sometime after 1993,
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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.
- Spring '08