Holly v. TAMKO Building Products, Inc.

WILLIAM W. FRANCIS, JR., Judge.

Darwin Holly (“Appellant”) appeals a decision by the Labor and Industrial Relations Commission (“Commission”) denying him unemployment benefits. The Commission found that a comment by Appellant that he was eating “Obama fruit” while holding a slice of watermelon at the company picnic of his employer, TAMKO Building Products, Inc. (“TAMKO”), violated TAMKO’s racial harassment policy; therefore, it amounted to misconduct related to work disqualifying him for unemployment benefits. We affirm the Commission’s decision.

Factual and Procedural History

On September 3,…