This should have been an open-and-shut case. For the employer, that is, not the employee.
Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a verbal tiff with his 31-year-old white supervisor, and the supervisor called him “Boy.” Mr. Fisher was offended and complained to the company’s vice president of Human Resources. After an investigation, the company determined that the supervisor did not mean “Boy” in that way, and everybody lived happily ever after.
For about a month.
Then, a white co-worker of Mr. Fisher went to the boss of the supervisor who had called Mr. Fisher “Boy” and complained to the boss about the fact that Mr. Fisher had complained about the supervisor a month earlier. Do you follow me?
In the course of the discussion between the co-worker and the boss, it came to light that Mr. Fisher allegedly sold pornographic DVDs out of his lunch box. The boss suggested that the co-worker purchase DVDs from Mr. Fisher in a type of “sting” operation. The co-worker said he wasn’t comfortable doing this, but the boss allegedly told him, “You scratch my back, and I’ll scratch yours.”