Racial harassment in the workplace is a serious issue that can have profound effects on both the individuals targeted and the overall work environment. Racial harassment involves unwelcome conduct based on race, color, or national origin that creates a hostile, intimidating, or offensive work environment. This behavior can range from racial slurs and derogatory comments to discriminatory practices that unfairly target employees based on their race. The impact of racial harassment extends beyond the individuals who experience it, leading to a toxic work culture that undermines morale, productivity, and the sense of safety among all employees.

Addressing racial harassment is crucial for ensuring a safe and inclusive workplace where every employee is treated with respect and dignity. Employers have a responsibility to prevent and address such behavior, and employees must be aware of their rights to protect themselves from discrimination and harassment. Creating a work environment free from racial harassment is not only a legal obligation but also a moral imperative that fosters equality and mutual respect.

Understanding Racial Harassment

What Constitutes Racial Harassment

Racial harassment includes any unwelcome behavior based on an individual’s race, color, or national origin that creates an intimidating, hostile, or offensive work environment. Here are some examples of what this might look like in the workplace:

• Racial Slurs: Using derogatory names or slurs to refer to someone’s race or ethnicity is a direct and blatant form of racial harassment. These slurs can be deeply hurtful and contribute to a hostile environment.
• Derogatory Comments: Making negative comments or assumptions about someone’s race or cultural background, whether in person, via email, or in any other form of communication, also constitutes racial harassment.
• Offensive Jokes: Jokes that target someone’s race or ethnicity, even if made under the guise of humor, are inappropriate and can create a hostile atmosphere. The repeated use of such jokes, especially if tolerated or encouraged, reflects a larger cultural problem within the workplace.
• Discrimination Based on Race: This can include unfair treatment in hiring, promotions, job assignments, or other employment decisions based on an individual’s race. When racial discrimination is persistent, it contributes to an environment where employees feel devalued and unwelcome.

It’s important to distinguish between isolated incidents and pervasive harassment. While a single offensive remark may not rise to the level of unlawful harassment, repeated incidents or a pattern of behavior that creates a hostile work environment certainly do. Pervasive harassment significantly impacts an employee’s ability to perform their job and enjoy their workplace, making it critical to address.

Recognizing the Signs of Racial Harassment

Racial harassment can manifest in various ways, and recognizing the signs is crucial for taking timely action. Some common indicators include:

• Repeated Racist Remarks: If an employee is frequently subjected to racist comments, slurs, or jokes, this is a clear sign of racial harassment. The repetition of such behavior indicates that it is not an isolated incident but a pattern of harassment.
• Exclusion from Workplace Activities: Being consistently excluded from meetings, social events, or decision-making processes based on race can also constitute harassment. This exclusion reinforces a hostile work environment and marginalizes the targeted employee.
• Unfair Treatment Based on Race: Discriminatory practices such as being passed over for promotions, receiving unjustified negative performance reviews, or being given less favorable work assignments compared to colleagues of a different race are signs of racial harassment.

Legal Rights of Employees

Protections Under Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is a cornerstone of federal civil rights legislation that prohibits discrimination in the workplace based on race, color, religion, sex, or national origin. This law is central to protecting employees from racial harassment and ensuring that workplaces across the United States uphold standards of fairness and equality.

Key provisions of Title VII include:

• Prohibition of Racial Discrimination and Harassment: Title VII explicitly prohibits any form of racial discrimination or harassment in the workplace. This includes not only overt actions like racial slurs and discriminatory job assignments but also any behavior that creates a hostile or intimidating work environment based on race.
• Applicability to Employers: Title VII applies to employers in both the private and public sectors who have 15 or more employees. This includes businesses, government agencies, labor organizations, and employment agencies. The broad scope of Title VII ensures that a significant portion of the workforce is protected under its provisions.

Michigan’s Elliott-Larsen Civil Rights Act

In addition to federal protections, employees in Michigan are safeguarded by the Elliott-Larsen Civil Rights Act (ELCRA), which provides additional legal protections against racial harassment and discrimination. This state law is particularly significant for Michigan workers because it expands on the protections offered by federal law and applies to a broader range of employers.

Key aspects of the Elliott-Larsen Civil Rights Act include:

• Prohibition of Racial Harassment and Discrimination: Similar to Title VII, the ELCRA prohibits racial harassment and any discriminatory practices in employment based on race, color, national origin, sex, religion, age, height, weight, familial status, or marital status. The act ensures that all employees have the right to work in an environment free from racial hostility and discrimination.
• Applicability to Employers: The ELCRA applies to a wider range of employers than Title VII, covering any employer in Michigan with one or more employees. This means that even small businesses that may not fall under Title VII are still required to comply with the ELCRA’s anti-discrimination provisions.

Remedies for Victims of Racial Harassment

Reporting Racial Harassment

The first step for any employee experiencing racial harassment is to report the behavior to their employer. Following proper procedures is essential to ensure that your complaint is taken seriously and handled appropriately.

• Follow Internal Procedures: Most companies have established procedures for reporting harassment, often outlined in an employee handbook or code of conduct. Start by following these procedures, which may include reporting the incident to your immediate supervisor or directly to the Human Resources (HR) department. If you feel uncomfortable reporting to your supervisor, especially if they are involved in the harassment, you should go directly to HR or another designated authority within the organization.
• Document All Communications: It’s important to keep a detailed record of all communications related to your harassment complaint. This includes the initial report, any responses from management or HR, and any further incidents of harassment that occur after your report. Documentation should include dates, times, the nature of the harassment, and the names of those involved. These records can serve as crucial evidence if your complaint escalates to a legal claim.
• Filing a Formal Complaint: When reporting harassment, make sure to file a formal, written complaint with HR. This ensures that your concerns are officially on record and obligates the employer to investigate the matter. A formal complaint also triggers the employer’s duty to take corrective action, which may include disciplining the harasser, offering you protection from retaliation, or implementing changes to workplace policies.

Filing a Charge with the EEOC or Michigan Department of Civil Rights

If the internal reporting process does not resolve the issue, or if the harassment continues, victims can file a charge with external agencies like the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR).

• Filing a Charge with the EEOC: The EEOC is a federal agency responsible for enforcing Title VII of the Civil Rights Act. To file a charge, you must do so within 180 days of the last incident of harassment. The EEOC will review your complaint and may investigate by gathering evidence, interviewing witnesses, and examining the employer’s records. If the EEOC finds that discrimination or harassment has occurred, they may attempt to mediate a settlement between you and the employer. If mediation is unsuccessful, the EEOC may file a lawsuit on your behalf or issue you a “Right to Sue” letter, allowing you to pursue the case in court.
• Filing a Charge with the MDCR: Similar to the EEOC, the MDCR enforces Michigan’s Elliott-Larsen Civil Rights Act. The process for filing a charge with the MDCR is similar to that of the EEOC, with the agency investigating your complaint and working to resolve it. The MDCR also has the authority to pursue legal action if necessary.

Legal Remedies Available

Victims of racial harassment may be entitled to various legal remedies, depending on the severity of the harassment and its impact on their employment and well-being.

• Compensation for Emotional Distress: Racial harassment can take a significant emotional toll, and victims may be entitled to compensation for the emotional distress they have suffered. This includes compensation for anxiety, depression, or other psychological impacts caused by the harassment.
• Back Pay: If the harassment resulted in the victim losing their job, being demoted, or missing out on promotions, they may be entitled to back pay. This compensation covers the wages and benefits they would have earned if the harassment had not occurred.
• Reinstatement: In cases where the victim was wrongfully terminated due to racial harassment, a court may order the employer to reinstate the employee to their previous position.
• Punitive Damages: In cases where the employer’s conduct was particularly egregious, punitive damages may be awarded. These damages are intended to punish the employer and deter future discriminatory behavior.

Contact Marko Law

At Marko Law, we are committed to helping individuals who have been subjected to racial harassment in the workplace. Our experienced attorneys are here to provide you with the support and legal expertise you need to address these serious issues. We offer a free consultation to discuss your situation and explore the best course of action. To get started, contact us today:

• Phone: 1-833-MARKO-LAW | 1-313-777-7LAW
• Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: https://www.markolaw.com/

Addressing racial harassment in the workplace is essential for creating a fair and inclusive environment where all employees can thrive. No one should have to endure discrimination or harassment based on their race, and it is important to hold those responsible accountable. If you are facing racial harassment, take action today to protect your rights and ensure that justice is served. At Marko Law, we are here to help you every step of the way.