The term "Obama fruit" taken alone is not a racially derogatory comment. But, the comment was made while the claimant was eating a slice of watermelon at a company sponsored cookout at the plant. In that setting, the claimant's comment violated the employer's policy. Therefore, the claimant committed misconduct which resulted with the termination of his employment.For his part, Holly still doesn't understand what all the fuss was about. "In my mind I was calling the president a melon head, no reference to racial whatsoever," Holly told the court.
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