
W
orkplace profanity was business as usual, right up until it accompanied a complaint about racism.
T
L;
DR: An employee used repeated profanity while complaining to his supervisor about alleged race discrimination. The employer fired him eight days later, but a federal appeals court revived his Section 1981 retaliation claim because a jury could find that the employer’s explanation was false or had changed. HR must separate the misconduct from the protected
