A Scottish court has ruled that calling an American coworker a “Yank” in the workplace constitutes racial harassment, a decision that resulted in a nearly $7,000 award for a US server. Raymond Joseph, who worked as a server in Aberdeen, Scotland, was awarded the sum after a colleague, Michael Tortolano, used the slur during a heated exchange in 2024.
During a busy shift at a Pizza Express restaurant, Tortolano reportedly told Joseph, “Why don’t you just leave, nobody f–king likes you, f—ing American, go back to your country, you f–king yank.” Joseph, who is from the United States, stated in court that he felt “hurt and humiliated” by the comment, especially as it was made in front of customers. The term “Yank,” short for “Yankee,” can be considered derogatory when used to refer to Americans.
Joseph allegedly retaliated by calling Tortolano a “bald loser” and an “incel,” a term for someone who is involuntarily celibate. Following the altercation, Pizza Express management terminated Joseph's employment after a disciplinary hearing found him guilty of gross misconduct related to other workplace conflicts. Joseph subsequently sued Tortolano for harassment.
Tribunal judge Melanie Sangster determined that the use of the slur “Yank” constituted harassment linked to race. The court rejected Joseph's earlier claim that the restaurant's uniforms featured a swastika design.