## Facts

- An employee of a staffing/contracting company worked at a client facility.
- A coworker made a single racially offensive comment in the workplace.
- The employee reported the comment to management.
- After the report, the employee’s work assignment was ended and/or the employee was discharged shortly thereafter.
- The employee sued, alleging unlawful discrimination and retaliation based on the report of the racist remark, including a hostile work environment theory.

## Issues

1. Whether a single isolated racist remark, without additional harassing conduct, can be sufficiently severe or pervasive to create an actionable hostile work environment under Title VII.
2. Whether reporting such a remark constitutes protected opposition activity when the underlying conduct is not objectively a Title VII violation.
3. Whether the employer’s termination of the employee after the complaint supported a viable Title VII retaliation claim.

## Decision

- The Fourth Circuit affirmed judgment for the employer.
- The court held that the single remark, standing alone, did not create an objectively hostile or abusive work environment.
- Because the complained-of conduct was not objectively unlawful under Title VII, the employee’s report did not qualify as protected opposition on these facts.
- Absent protected activity (and absent an underlying actionable hostile environment), the retaliation claim failed.

## Legal Principles

- Title VII hostile work environment liability requires harassment that is objectively and subjectively severe or pervasive enough to alter the terms and conditions of employment.
- Isolated incidents ordinarily do not satisfy the “severe or pervasive” standard unless exceptionally extreme.
- A retaliation plaintiff must show protected activity; opposition is protected only if the employee reasonably believes the challenged conduct violates Title VII.
- Without protected activity (or without an actionable underlying violation on the asserted theory), adverse action alone does not establish Title VII liability.

## Conclusion

The court concluded that a single racist remark, without further harassing conduct, was insufficient to establish a hostile work environment and, on these facts, the employee’s complaint did not support a Title VII retaliation claim, so the employer was entitled to judgment.


Jordan v. Alternative Res. Corp., 458 F.3d 332 (4th Cir. 2006)