White Use of the Word “N---er” Goes to Court

[The Straight Story]

(Note: I changed the word in the article, not like I am reading Huck Finn here, this is not a classic... ;)

White Use of the Word “N---er” Goes to Court

Wednesday, January 05, 2011 A federal judge in Pennsylvania has agreed to allow a white television news anchor fired for using the word “N---er” in a June 2007 newsroom meeting to proceed with his lawsuit against his former employer, WTXF Fox 29.

Tom Burlington claims he was a victim of reverse discrimination, in being terminated for asking whether it was okay to use “N---er” on the air in a story about the NAACP in Philadelphia holding a symbolic burial for the word. His co-anchor, Joyce Evans, who is African-American, confronted Burlington after the meeting, allegedly telling him he was being insensitive about trying to use the n-word. Evans was not actually present at the meeting.

Burlington again used the word at a meeting with management to describe what happened during the newsroom discussion. He was then suspended, and fired three days later.

The case has the potential to be a controversial one because it touches on the issue of why it is acceptable for black people say “N---er”but not acceptable for white people to use the same word.

Judge R. Barclay Surrick said, “When viewed in its historical context, one can see how people in general, and African Americans in particular, might react differently when a white person uses the word than if an African American uses it. Nevertheless, we are unable to conclude that this is a justifiable reason for permitting the Station to draw race-based distinctions between employees.”

An African-American employee, John Jervay, used the word “N---er” three times in an email to management describing what Burlington had done. Because Jervay was not disciplined, Surrick ruled that a jury could reasonably conclude that WTXF’s management had engaged in race-based discrimination.

http://www.allgov.com/Controversies/ViewNews/White_Use_of_the_Word_Nigger_Goes_to_Court_110105

[badtoworse]

1. Sauce for the goose?

If the word is offensive, it's offensive - period. Allowing one group of people to use the word with impunity while disciplining a different group for the same thing is wrong.

[spanone]

2. this country is losing it's fucking mind

[KurtNYC]

3. they should have just fired him for being obtuse

Message to Burlington: Hey! Hey dude! over here! yeah...okay Burlington dude...Look at this calendar. It is 2011. They are burying the N-word symbolically. OF COURSE YOU CAN'T FUCKING SAY IT ON AIR!

[jberryhill]

4. That's a good point

I was thinking, "But if the story was about...", until I read your post.

I guess the point of the ceremony was that the word shouldn't be used, which is a good starting point for thinking about the story.

[superduperfarleft]

16. +1.

I wouldn't want someone that stupid and clueless in charge of anything more than a drive-thru window.

[Maru Kitteh]

24. I hate it when people stereotype those who work in food service.

[fishwax]

19. hehe

:thumbsup:

[NuclearDem]

20. Two weeks in the hole! Or am I being obtuse?!

[cbdo2007]

5. It's a good thing they got this racist off the air.

We don't need his bigoted viewpoints clouding up our airwaves and news programs!!!

[NHHome]

6. Of course it is a word, long past any reasonable usage, but...

The story is about a symbolic burial of the word. He evidently "Asked" if it was ok to use the word they are burying in the story, it would seem this is a reasonable question. The woman complaining wasn't present when it was said, hence she can not possibly be offended by the question as she never heard it.

he then apparently was called into the news director's office to explain, and used it there, again in the context of the incident, It is not clear that he was using it with intent to offend.

I am not sure why he was fired based upon that set of facts.

In the eyes of the law, it should apply equally to everyone, if the word id too offensive to be used, it should be too offensive for everyone.

Selective lawmaking, or enforcement always leads to trouble.

Just my humble opinion.

[Gaedel]

7. Sort of like the white financial manager in DC

Quite a few years ago, a white financial manager in DC, trying to get a handle on the chaotic DC finances was terminated after saying in a meeting that department heads had to be "niggardly" with their funds.

The root word "niggard" (meaning miser or cheap) is of Germanic derivation and is completely unrelated on an etomology basis to the "N-word" which derived from the Spanish word "negro" (meaning black).

The department heads stated that they were very offended bby his use of the term "niggardly" and he was let go.

[ProgressiveProfessor]

12. A bit more to the story than that happened in late Jan 1999

David Howard tendered his resignation so as not to interfere with the mayor's Anthony Williams success as he put it. He was also the highest ranking gay in the administration. Mayor Williams accepted it, but later asked Howard to reconsider when the facts came out. Even Julian Bond of the NAACP thought it was ridiculous. The complainer (later outed as being Marshall Brown)claimed that he 1) did not understand what the word meant and 2) that even words that sound like it are too offensive. IIRC it was rumore that he was disappointed that he did not get the position held by Howard and he later left the administration. Howard was rehired in another job. Decent synopisis: http://www.washingtonpost.com/wp-srv/local/longterm/williams/williams020499.htm The complaints that this was mishandled were one of the things later cited as why Williams chief of staff was later replaced.

Wikepedia post on that incident and others: http://en.wikipedia.org/wiki/Controversies_about_the_word_%22niggardly%22

[texshelters]

8. I don't think the word should be used by anyone in the news, but

what about entertainment? G. Carlin used it. Was he a racist?

What about reporting that they are "taking the N--er out of Huck Finn or that a man was fired for using the word N--er? Can we say the word then?

Why is this still an issue in 2011?

Peace,
Tex Shelters

[ZombieHorde]

9. Really interesting story. Words have power over our minds. nt

[Nuclear Unicorn]

10. Its when courts and politicians have power over minds I start getting nervous

Maybe I'm getting cynical in my old age (22) but I can't say I trust 'em.

[struggle4progress]

11. ... Burlington, who is white, was fired after using the "n" word during a June 2007 staff meeting at

at which reporters and producers were discussing reporter Robin Taylor's story about the symbolic burial of the word by the Philadelphia Youth Council of the NAACP ... The dispute began after Taylor, who is white, used the phrase the "n" word during the 2007 staff meeting. She said participants at the burial had said the full word "at least a hundred times or more," according to court records. "Does this mean we can finally say the word n-?" Burlington asked colleagues, according to depositions ... Burlington told Taylor that although he did not necessarily expect her to use the word in her story, he thought that doing so gave the story more credence ...
Posted on Wed, Jan. 5, 2011
Trial set for firing over use of 'n' word
By Michael Klein
Inquirer Staff Writer
http://www.philly.com/philly/news/local/20110105_Trial_set_for_firing_over_use_of__n__word.html

... Burlington, according to colleagues, used the word more than a dozen times as he argued that doing so was not such a big deal ...
Posted on Thu, Jul. 5, 2007
Dan Gross | Fox's Tom Burlington suspended
Philadelphia Daily News
http://www.philly.com/dailynews/columnists/dan_gross/20070705_Dan_Gross___Foxs_Tom_Burlington_suspended.html

[muriel_volestrangler]

13. "Does this mean we can finally say the word" is the most interesting thing in the whole story

That makes it sound as though he's been eager to say it. Or perhaps there was an emphasis of the 'we', meaning he has been moaning about how black people are allowed to say it, but white people can't.

The OP story makes it sound as if he was asking, in an entirely neutral way, if it was OK to say to word in full in a report about the 'burial', and so it seemed he was being sacked just for uttering the syllables. If it seemed he had an agenda after all, then firing him may be more understandable.

[struggle4progress]

14. Right. But I'm not getting paid enough to think about it much more.

That's what lawyers and judges and such get the big bucks for

[superduperfarleft]

15. Good for white people asserting their right to use the n-word!

And good for them for having priorities!

[cloudbase]

17. I had a girlfriend

who was a real nagger.

[Bandit]

23. Try using that word around MY wife....

:shrug:

[EOTE]

18. He's a victim of reverse discrimination?

So... what? They gave him a promotion? Everyone in the office went out of their way to make him feel welcome?

How insanely stupid is the term "reverse discrimination"? Anyone ignorant enough to use it truly deserves any discrimination they get.

[Kweli4Real]

21. Thank you ...

Unless he can point to a Black employee in a comparable position saying the word, with management's knowledge, and not being fired he has no case.

But I suspect (as mentioned above) it's more aboutHOW he said it, than what he said.

[VenusRising]

22. The last sentence of the OP.

An African-American employee, John Jervay, used the word “N---er” three times in an email to management describing what Burlington had done. Because Jervay was not disciplined, Surrick ruled that a jury could reasonably conclude that WTXF’s management had engaged in race-based discrimination.