In re the Claim of Sarmiento

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 19, 2000, which, upon reconsideration, adhered to its prior deci*852sion ruling that claimant was entitled to receive unemployment insurance benefits.

Claimant was discharged from her employment in a packaging department after she allegedly uttered a racial epithet in Spanish to a fellow employee in violation of the employer’s rules of employee conduct. Claimant’s application for unemployment insurance benefits was initially denied on the ground that she had lost her employment due to misconduct. At the hearing that…