An African-American woman who was called the “N” word by her boss had her court awarded judgment cut in half by a federal judge, according to Courthouse News.
In 2012 Brandi Johnson was awarded a $280,000 settlement after enduring a racist slur by Rob Carmona, the Puerto Rican president of Strive East Harlem Employment.
Johnson began taping Carmona after he began making unprofessional comments. One particularly obscene rant where Carmona called Johnson the “N” word was captured on Johnson’s iPhone.
“Both of you, you know what it is, both of you are n*ggers,” Carmona said. “And I’m not using the term nigger derogatory. Cause sometimes it’s good to know when to act like n*ggers, but you act like n*ggers all the time.”
Johnson sent the complaint to Strive CEO Phil Weinberg after the incident, but was fired for her troubles.
After Johnson sued, Carmona claimed that he did not intend any racial animus with his comments, a view rejected by the jury. However, U.S. District Judge Harold Baer found that the previous jury miscalculated the amount Johnson should be paid for her lost pay and emotional distress, reducing the $280,000 award to award of $128,109.59.
“To be sure, being subjected to racial epithets as well as the harsh treatment Carmona regularly inflicted upon plaintiff was undoubtedly distressing,” the judge’s ruling states. “But while plaintiff testified that she saw a therapist and was prescribed some form of medication, plaintiff declined to take that medication.”