A former Wyeth Pharmaceuticals (NYSE: WYE) manager says she wasn't expressing racial bias when she described herself as the “head nigger in charge” in front of an African-American employee -– she just had the phrase “fresh in my mind” after seeing the movie “Lean on Me.”

In the film, a school principal played by Morgan Freeman uses the phrase to convey his authority. “When I made the statement, I was referring to myself, and I did not intend to direct my comment at anyone but myself, and further never intended to hurt anyone who may have over heard the comment,” Patricia Stalter says in a court declaration.

Wyeth attached the declaration to a motion for summary dismissal of a discrimination suit filed by the African-American employee who overheard Stalter's comment. Joseph Gibson alleges he was subjected to a hostile work environment based on his race.

“A single offensive racial remark generally is insufficient to create a hostile work environment,” Wyeth argues in the motion.

According to Stalter, who worked at a Wyeth plant in Pearl River, N.Y., she saw “Lean on Me” in early October 2004. After she spoke about it with Francine Townsend, an African-American colleague, she says, “[S]ome of my African-American colleagues, including Townsend, used the 'HNIC' phrase to refer to me in jest on numerous occasions due to my position as a manager.”

On Oct. 26, 2004, Stalter had some trouble exerting her authority over two outside contractors who were visiting the plant. “Out of frustration,” she “blurted out to the contractors that I was the 'head nigger in charge ...”

“The phrase was fresh in my mind,” Stalter declares, “after having recently seen the movie 'Lean on Me' and having heard it from my colleagues recently ... I understand that it was inappropriate, and I deeply regret it.”

Gibson, who was at his desk about 20 feet away, has said that Stalter looked at him and said “Excuse me, Joe” before she made the “HNIC” comment -- which, if true, would suggest she wasn't being entirely spontaneous. She denies saying that in her declaration.

Courts have found the “routine” use of the word “nigger” in the workplace is evidence of discrimination, but Wyeth argues that Stalter uttered the type of “stray remark” which is not considered to be “severe or pervasive” enough to support a hostile work environment claim.

The company cited three cases (see table) in which courts found that “the use of the HNIC phrase is insufficient to demonstrate that a work environment is objectively hostile.”

Stalter got a written warning from Wyeth because of the “HNIC” incident and retired last April after nearly 36 years with the company. A Wyeth spokesman told the Journal News of White Plains, N.Y., that her retirement was not related to the lawsuit.

By Matthew Heller
11/13/08

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