Employment Law Update: Sixth Circuit Reverses Dismissal of Racial Harassment Case Where Supervisor Called Plaintiffs “Monkey”
September 25, 2025: The United States Court of Appeals for the Sixth Circuit reinstated a racial harassment case after a district court in Tennessee dismissed it, holding that the plaintiffs had produced enough evidence of a racially hostile work environment to move forward.
The plaintiffs, two Black truck drivers, were subject to demeaning and hostile treatment and increased workloads compared to their White counterparts. Their supervisors regularly called them “monkey” and “monkey a**.” The district court denied that the slurs constituted race-based harassment.
The Sixth Circuit disagreed, correctly noting that the use of the term has an extensive history of use as a racial slur towards Black Americans. Combined with other verbal abuse from their supervisors, the plaintiffs had produced enough evidence of racial harassment to support their claim for a racially hostile work environment under Title VII of the Civil Rights Act. The case was remanded, and the plaintiffs may have their day in court.
This case sets an important precedent for victims of harassment and hostile work environments. Words used in the workplace must be considered in light of their historical context.
The case is Smith v. P.A.M. Transp., Inc.; MiLW No. 01-109760; U.S. Court of Appeals for the Sixth Circuit; on appeal from the U.S. District Court for the Middle District of Tennessee at Nashville.