Racial Harassment

Additional HR Resources The Plus of "Us" DVD-based diversity training for employees and supervisors creates healthy workplace Racial Hatred at Work Why symbols of racial hatred are reemerging and how to respond Recognizing Harassment How to prevent harassment from occurring in your workplace Signs of Harassment How supervisors spot harassment at work and other legal dangers Language Barriers Overcoming language and cultural barriers with your Hispanic workforce Recruiting Diverse Talent How to recruit and retain a diverse talent pool Unintentional Discrimination Protect your organization from unintentional discrimination Basic Training for Supervisors How supervisors can address and prevent discrimination at work Employment Law in Your State Where your state lawmakers and fellow employers stand on this issue Federal Employment Law Advanced warning on upcoming federal regulations and legislation

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.

Related articles on Racial Harassment
Racial Harassment tools for Employment Law Letter subscribers
What's your HR IQ on Title VII of the Civil Rights Act?

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.

View all HR topics

Related articles on Racial Harassment featured in HR Hero Line

• EEOC settles race bias case against construction company for $325,000
  (Arizona Employment Law Letter , June 2009

HR Tools for Racial Harassment

• Sample Policy - Harassment and/or Discrimination