What can I do about discriminatory language in the workplace?

Question

A co-worker has, on several occasions, used the 'n' word, made anti Semitic slurs, and other racist and sexist remarks. The remarks are never directed at me but it is still offensive and unprofessional. I have told him but he keeps doing it. Is the company liable for tolerating such behavior?

I work in customer service. One of my co-workers uses discriminatory language and it offends me. I am also concerned that customers might hear him. He has used the 'n' word, he has called people of Middle Eastern ethnicity 'towel heads', he makes anti-Semitic verbiage and sexist remarks.
He never directs it toward me so I was wondering if the point is moot. If not then can I expect that there are laws that encourage employers to stop this behavior once I make a formal complaint?

Answer 1

Yes, there are laws to protect you and you need to file a formal complaint with your Supervisor and/or Human Resources Dept. You must allow management the opportunity to correct the problem or the cannot be held liable.

It may be in your best interest to so in writing (keep a copy for yourself and be sure it is dated; you may want to even mail a copy to yourself and hang on to the envelope), citing specific examples of what this co-worker has said (they don't have to say it to you or about you, all they have to do is say it out loud) and request a meeting with whomever you give the written complaint to discuss the matter further. You can request to remain anonymous and management cannot give out your name as the person filing the complaint.

Management and/or Human Resources must address the matter with the offender or they could held liable for discrimination and harboring a hostile work environment. Depending on the value of the offender to the company, they may just give a verbal warning, a written warning, or terminate them. If they are allowed to continue working and the problems continue, continue to document and make complaints to management.

Answer 2

A company should not in any circumstances tolerate discriminatory acts in the workplace. However, unless there is a specific policy regarding this matter, we cannot expect the officers of the company to mind unless on a personal basis. Moreover, unless there is a specific penal law, penalizing this kind of discriminatory acts, there is little way to seek redress for the same in the regular courts. Because unless an act or omission is defined and considered a felony, this particular utterances of your co-worker is shielded under the Freedom of Expression. However, I do believe in eternal laws, or laws of nature. If this co-worker doesn't get punished by human laws, divine law surely has correlative consequences for him to suffer in subtle ways. Good luck!

Answer 3

If you have already asked him to stop, then you need to formally complain to your Human Resources department. If your company does not have a Human Resources department, write a letter to the manager and/or owner of the company stating your issue very clearly with as much detail as possible. Do not be embarassed about this.

Your employer is liable to give you certain protections in the workplace and they should have a standard of conduct that everyone must adhere to. It is really for their protection to insist on behavior guidelines for their employees anyway and usually these guidelines go so far as to include offesive or illegal behavior in AND out of the workplace.

People file hostile work environment and harassment complaints all the time for exactly what you are complaining about.

Now, I'm not saying that they win them or that it is right to engage your employer in litigation over this issue but, if they did nothing to end this problem and you ultimately chose to sue them over it, they would have to spend money for a lawyer and worry about being exposed in the community as being insensitive, or worse, condoning this kind of behavior. And you could win and they would also suffer additional financial losses. I have seen it happen. More often than not, harassment suits are settled internally because the company does not want to have their dirty laundry hanging out in public. Just remember their dirty laundry is also yours and you face the risk of being judged in the court of public opinion too. Be very certain of yourself and your motivation if you decide to pursue this issue legally.

And just so you know, settling, does not mean that you will receive money. Sometimes, they just fire the offending person for violations of policy and sometimes, they offer the complaining individual a transfer or promotion. Just remember, none of these resolutions come without consequences.

I hope you can resolve this without going to any extreme measure. You might find that your company is genuinely grateful for your concern and they respond by creating or enforcing appropriate workplace behavior guidelines. Don't go into the complaint process looking for a payday. Try to remember that you just want the behavior to stop. Most people will respond to that and help you with this issue.

But always remember, harassment is about perception. Basically, if it is offensive to you than it is offensive, period. It does not matter if these comments are directed at you, and DON"T let anyone tell you differently.

Good luck

Answer 4

You have a chain of command to use. You need to verbally notify your direct supervisor and if that does not solve the problem, you need to alert your direct that you are going over their head BEFORE you do it to give them one more chance to fix the problem. Then, repeat steps one and two all the way up from your supervisor to their boss to their boss and so on and so one.... no, you would have a hard time gaining compensatory damages if that's what you meant by liable. Unless this guy has put you in therapy and you have written documentation of following your chain of command.... this is just a matter of an obnoxious coworker but if it bothers you enough to take action.... follow the ladder up to the top.

Answer 5

For the company to be liable, they have to be informed about the conduct and given a chance to do something about it.

You should report the offensive behavior to your Human Resources (formerly "Personnel") Department. If you are not willing to report it, then don't try to hold the company responsible for your lack of courage. It always seems to be somebody else's responsibility to squelch this kind of behavior. No one will step up and do it and then everybody complains that the "company" tolerated it.

Answer 6

the n word is no longer offensive have u listened to a music or a comedy show in the last 20 years? i am offended any time the race of a person comes up in a hiring discussion. anytime i hear african music as i think about the horrible thing they did to get slaves. i am offended when people speak spanish and work. I am offended when i hear woman joke about how much money a man makes or doesn't.
if being offended was enough to get someone in trouble than the hr deparmetn would have court every day.

Answer 7

You don't have to put up with the language of a coworker. Go to your supervisor and if he/she doesn't do anything, go to your human resources person.

Answer 8

When did you acquire the right to walk around unoffended?

Suck it up and handle it. If you show this character that he is getting to you he wins the game.

Answer 9

They call you white devil and honky at home so get over it and mind your business and stop being insulted while those you speak about laugh at you at the barbeque! Get a clue!

Answer 10

Its only racist if you make it racist. sticks and stones