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Reason
Reason
Eugene Volokh

Plaintiff Had Alleged He Was Called a "Haitian N****"

From an opinion by Judge Steve Jones (N.D. Ga.) in Lenord v. Racetrac, Inc., decided a year ago but just recently posted on Westlaw:

To support his discrimination complaint, Plaintiff referred specifically to a white teammate who, in his words, had called him a "Haitian N****" several times the year before, in 2019. At his deposition, however, Plaintiff admitted that his teammate had called him "Haitian Ninja," not "Haitian Nigger," as his email stated. A text message produced during discovery provides some context—after completing a work task, the white teammate texted Plaintiff: "Excellent. Just the way I like it. Flying under the radar. Just call me a Haitian Ninja in training."

Notably, in an unsent email draft, Plaintiff had originally used the word "Ninja" rather than the elliptical term "N****." But for some reason he changed the wording in the email sent to Fitzhugh and Campbell. Fitzhugh expressed frustration with Plaintiff's portrayal of events but confided to HR that "it really might just be a foundational language barrier." …

Here's the unsent email draft, as uncovered in discovery (see PDF p. 33 of this filing):

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