Paula Deen and her brother have just scored a major victory in the explosive sexual harassment and racial discrimination lawsuit filed against them, RadarOnline.com has confirmed.
A judge in Georgia ruled that Lisa Jackson — who has alleged Earl “Bubba” Heirs subjected her to repeated ”sexual harassment and discrimination, racial harassment and discrimination and abusive treatment² over a period of five years — cannot sue for “hostile work environment and disparate treatment based on racial discrimination.”
Federal appeals court Judge William T. Moore Jr. dismissed that element of the lawsuit, but reserved judgement on a raft of other motions to dismiss.
He found Jackson could not sue for racial discrimination because, quite simply, she is white.
Deen, who was fired from the Food Network in the wake of the lawsuit, had argued that Jackson lacked “standing to pursue her racial discrimination claims” because she did not “allege that she suffered any discrimination because of her race.”
The judge agreed, concluding: “Plaintiff is an accidental victim of the alleged racial discrimination. There are no allegations that Defendant Hier’s racially offensive comments were either directed toward Plaintiff or made with the intent to harass her.”
Incidentally, the judge noted that Jackson had argued Hiers stated that her “Sicilian father looked like a n*****.”
But judge Moore Jr. said that “single commentŠ is insufficient to support a claim. First it was a single comment directed toward Plaintiff and is insufficient to give rise to a hostile work environment. Second, Plaintiff still fails to allege that she personally suffered any discrimination on account of her race.”
He also rejected Jackson’s claim that Deen and Hiers deprived her of a ”harmonious working relationship with African-American subordinates.”