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Robinson v. City of Denver8/17/2000
JUDGMENT AFFIRMED
Division II
Plank, J., concurs Davidson, J., specially concurs
Defendant, City and County of Denver (City), appeals from a judgment entered on a jury verdict in favor of plaintiff, Arthur Robinson. The City claims that the evidence does not support the jury's finding of a racially hostile work environment, that, in any event, a new trial is required because of instructional error, and that plaintiff was not entitled to an award of attorney fees. The plaintiff cross-appeals the trial court's order directing a verdict on one of his claims. We affirm.
I. Background
Plaintiff, a black man, has worked in the City's Wastewater Management Division (WMD) since 1967 and has been a first level supervisor in its quality control section for much of that time. In February 1997, he instituted the present action, alleging illegal discrimination under 42 U.S.C. §§2000e, et seq. (1999) (Title VII) and 42 U.S.C. §1981 (1999) (§1981), in that he had been subject both to a racially hostile work environment and to disparate treatment because he was black.
In late December 1994, a letter derogatory toward "dark-skinned people" was taped on the wall near the elevator in the WMD building. WMD management (management) made no response to this letter.
In February 1995, two anonymous letters were posted in the WMD building. The first, supposedly authored by "32 Wastewater employees," complained that, in response to a prior television expose about lax WMD field employees, management required three groups of employees "made up mostly of people of color . . . to call in on radios for every move we make" while not requiring a fourth group of mainly "white people" to do likewise. The second letter was posted approximately a week after, and in response to, the first letter. The second letter stated that the first letter authors' "feeble attempt at writing" showed that the writers of the first letter "don't have enough mental capacity to do anything else but labor" and concluded:
For you to insinuate that racism is involved, instead of sheer stupidity only serves to illustrate that you are a mindless dreg in the bottomless pit of human garbage.
Management did not respond to the letter, other than to remove it.
In August 1995, the restroom walls in the WMD building were marked with racist writings on two separate occasions. The first writing consisted of the words "nigger lover" and a drawing of a woman with large breasts, a large posterior, and three black men with erections; and the second consisted of the words "Leslie = Nigger Lover" and "Leslie is a Nigger Lover."
On each occasion, management removed the writing as soon as it was discovered and contacted the Denver Police Department for assistance. Additionally, after the second writing, management issued a memo condemning vandalism -- but not racism -- in the building.
The plaintiff and another black employee requested that management provide mandatory diversity training for all WMD employees. Although management had previously provided mandatory sexual harassment training when sexual harassment had been identified as a problem, it declined to provide mandatory diversity training, citing, as its reason, the expense involved. Management did meet for about ten minutes with WMD employees to condemn vandalism and spent about approximately thirty seconds also condemning racism.
In September 1995, another racist marking, consisting of a single word, "nigger," appeared upon a restroom wall in the WMD building.
Once again, management removed the writing and contacted the Denver Police Depar
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