Cable, the only African-American on her seven-member team claimed that she was harassed on five different occasions over a period of 14 months because of her race, starting with her team leader hanging a black voodoo doll from his belt and refusing to remove the doll when she asked. Cable reported the situation to her supervisor, after which the team lead never wore the doll again. The other instances include a drawing of a face with the words “Red Eye”, and etchings on various machines that said “N,” “NIG” or “bitch.” Each time, a supervisor ordered the drawings and etchings removed, sanded and painted over.
The District Court held that the doll and the first two etchings were racially offensive, but that the harassment was not severe or pervasive. The Seventh Circuit questioned the District Court’s finding that the hostility directed towards Cable was “not sufficiently pervasive or severe.”
However, the Seventh Circuit held that even if the conduct did amount to severe or pervasive harassment, Cable couldn’t hold Fiat liable because it “was not negligent in discovering or remedying the harassment: FCA promptly removed the etchings and investigated who made them, held anti‐harassment training after learning of the second etching, and in regard to the voodoo doll incident, directed [the team lead] to remove the doll.” Thus, Fiat was not liable.