To establish employer liability in a claim for racial harassment where the harasser is a co-worker, the employee must show that

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In claims for racial harassment where the harasser is a co-worker, the employer can be held liable if they were negligent in either discovering or remedying the harassment. The victim must show that the employer should have known about the harassment and failed to take prompt and appropriate action to prevent it. The participation of a supervisor is not necessary, and multiple incidents of harassment are not required to establish liability in a single incident can be severe enough to create a hostile work environment. Negligent hiring may be relevant, but it is not the only means of establishing employer liability.

To Establish Employer Liability in a Claim for Racial Harassment