Yesterday, the U.S Court of Appeal for the Seventh Circuit ruled that in a racial harassment claim under Title VII, who the alleged harasser is, determines whether illegal conduct has occurred. Fred Gates, a black building engineer claimed that the Chicago Board of Education subjected him to a racially hostile work environment. Gates’ supervisor constantly threatened him and used derogatory language and racial slurs. The court affirmed that toxic language engaged by a supervisor is more severe than if similar misconduct was done by a coworker.
See "Supervisor Harassment More Serious Than by Co-Worker: 7th Cir.", Patrick Dorrian, Bloomberg Law, February 21, 2019