Has racism impacted you at work? Have your coworkers faced racial bias? Have friends or family members experienced racism in the workplace? For many, the answers are a simple “yes” or “no.” Often, they reflect our personal experiences.
The tragic murder of George Floyd in Minneapolis--and other recent violence and threats against African Americans--have inspired more candid discussions about racism. Some view racism as a painful but limited problem. They assume that racial bias impacts other communities and limited professions. But racism in our communities, and in the workplace, remains a pervasive problem.
As an employment lawyer, I regularly investigate allegations of racism in ordinary private-sector workplaces. Racism can still manifest as vicious harassment or hate speech. Several years ago, I represented a black chef who found a noose hanging from his cooking station. Recently, I represented a black auto parts employee who received dozens of racist messages written on his pay envelopes. Such cases are shocking and plainly unlawful.
More often, racial discrimination claims are based on more subtle forms of racial bias. Many persons of color receive unfair performance reviews that seem connected to their race. Certain minority employees are harshly evaluated or “written up,” while white colleagues are not faulted for comparable issues. Some persons of color are denied well deserved promotions. Others are disciplined or terminated for making coworkers “uncomfortable” or for not being a “team player.”
Allegations of subtle racial bias are hard to prove (and hard to disprove). These cases are difficult to litigate and settle. Often, plaintiff and defendant are both outraged. A minority employee muses, “how dare you treat me worse than my colleagues?” The company responds, “how dare you accuse ‘us’ of racism?”
Before discrimination lawsuits are filed, employers should seek to reduce racial bias in the workplace. There are simple and cost-effective strategies to do so.
All companies should offer discrimination and harassment prevention training. Such training is most meaningful when it engages the audience. Without naming names, employees should be encouraged to discuss their personal experiences and concerns. Effective training can promote racial tolerance, inclusion, and diversity.
Beyond training, companies must reassess how they investigate discrimination claims. Too many Human Resources (HR) professionals focus on discrediting complaints. That’s a missed opportunity. HR professionals should evaluate complaints without undue skepticism. They should diffuse workplace conflicts and advocate for minority employees when possible. In some cases, companies should consider using mediation services. Outside legal counsel can assist with challenging investigations.
Finally, companies should reassess their hiring and evaluation practices. People of color are often underrepresented in higher paying positions and managerial roles. Companies should examine if they are fairly evaluating talented minority candidates. Performance reviews can be influenced by social factors and subtle cultural biases. These biases can undervalue the contributions of persons of color.
Racism is still a widespread problem in the American workplace. Employers should strive to reduce all forms of discrimination, including racial bias. It’s the right thing to do, and it’s a sound business decision.
Morenberg Law can help companies to improve workplace policies and HR practices. We offer discrimination and harassment prevention training. We also litigate discrimination cases. Contact us for a consultation.