Racial Harassment

Just as sexual harassment charges filed with the Equal Employment Opportunity Commission (EEOC) are on the rise, so are racial harassment charges. In 1990, only one racial harassment charge was filed with the agency. In 1999, that figure rose to 6,249 charges filed.

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Racial Harassment tools for Employment Law Letter subscribers

The statistics don't include the number of racial harassment charges that were filed with state fair employment practices agencies. It's easy to see that racial harassment is a large factor in the workplace, and one that must be addressed by harassment policies and procedures.

In a racial harassment scenario, the victim is targeted because of his race. Many racial harassment cases involve harassment by coworkers. A diligent employer needs to be aware of the potential for racial harassment and make sure that its policies are designed to prevent and correct any harassment.

Harassment can take the form of a hostile work environment, in which a reasonable person would find it hostile or abusive and that a particular person experiencing the conduct finds hostile or abusive. It happens when one or more individuals create an offensive, intimidating, or oppressive atmosphere in which an individual experiences workplace harassment and/or fear.

The following conduct could be harassment if it's based on the victim's protected class:

• persistent offensive comments;
• threats or intimidation;
• physical assault;
• sabotaging the victim's work; or
• making false accusations against the victim.

An employer's liability for harassment depends on whether the harasser was someone with authority over the employee or was a coworker and what the employer knew and did in response to the harassment. An employer also can be liable if a customer, vendor, or other nonemployee harasses an employee and the employer doesn't take reasonable steps to prevent or correct it.

Employees also can allege same-race harassment. A black male can cause his company to be liable for harassing another black male on the basis of race. The bottom line is that you have a duty to prevent all kinds of harassment.

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Related articles on Racial Harassment from the State Employment Law Letters
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HR Tools for Racial Harassment

• HR Executive Special Report - How to Discipline and Document Employee Behavior
  (available for purchase by nonsubscribers)
• HR Executive Special Report - Workplace Harassment Guide: Avoiding the Avalanche Zone
  (available for purchase by nonsubscribers)
• Sample Policy - Harassment and/or Discrimination