As reported in the press and other media this past week, a large class action law suit was filed against a major corporation alleging that hundreds of Black workers for an automobile manufacturer in California were regularly subjected to extreme racist harassment including use of the n–word. The lawsuit alleges that Black employees routinely faced racial slurs, including variations of the n-word, and graffiti depicting nooses, swastikas and more were drawn across the facility’s public spaces.
Many persons who are not Black may be shocked at reading this reported news. They may be more shocked, and actually be in a state of disbelief, that this type of extreme racism in the workplace, including in workplaces in New Jersey, is more prevalent than as reported in the news.
Racial equilibrium in the US workplace including New Jersey is erroneously assumed by many to be the current state of relative societal norms. Yet unbelievable as it may seem to many non-Blacks, severe racist names including the use of the n-word and KKK emblems, is still far too common in some workplaces. The extensive absence of open and honest recognition regarding widespread systemic racism and individual bigotry contributes to the willing suspension of disbelief that racist slurs and extreme racist harassment are still occurring in some American workplaces.
Relatively Recent History - Don't Make Assumptions
Persons who are non-Black do not realize how closely Blacks contain within them, their painful, and relatively recent history and hold it so close to their chest. If management is non-Black, don't make assumptions that they will be cognizant of just how deeply hurtful even one racist slur can be to a person who is Black. Slavery existed in America for two-hundred and fifty years. Two-hundred and fifty years of slavery in America was followed by one-hundred years of apartheid that was equal in severity to the apartheid in South Africa at its worst. Apartheid in the United States has a close temporal proximity to living persons; apartheid was not abolished until 1964. Apartheid is close in time to present day living generations. Apartheid is a government law, policy, or legal system of segregation or discrimination on grounds of race. >You may read about apartheid that continued after the passage of the 14th Amendment here.
In contrast to the periods of time that slavery and apartheid lasted, it has only been a recent relatively very brief period of time, 59 years, since the US Government officially banned apartheid during the Civil Rights Movement.
Without a Personal, Familial Historical Narrative
Without a personal, familial historical narrative tracing the unconscionable treatment and brutal control of Black people, non-Black management may not be fully cognizant of just how damaging even one racist epithet can be to a Black employee. This contributes to the non-recognition of widespread systemic racism and the willing suspension of disbelief that racist epithets and extreme racist harassment are still occurring in some workplaces.
Sixty years after the Civil Rights Movement, blatant and egregious racial harassment including the n-word still exists in some sectors and workplaces in NJ. A single racial epithet or uttered racist name that is sufficiently severe can create a hostile work environment. When a work environment turns hostile due to racist acts, it can have a debilitating effect on the person and demoralization in the workplace. This demoralization may extend beyond the workplace and into one’s home life.
Documentation and Reporting in Writing Are Critical Steps to Be Immediately Taken
An employee who is called a racist name at work or experiences other forms of racial harassment should immediately take steps to document these facts every time they arise and report it to HR in writing. Report the acts, the words, the place, the names of witnesses if there were witnesses, etc.
It is important that the employee document the acts of racism in writing and have proof that it was served on the appropriate person. Without such a writing and without proof that it was served and received by HR or other appropriately designated person, the employer may later deny that you ever complained about the acts of racism, and therefore allege they had no reason to investigate it and correct it. If your employee handbook designates a specific person to be served with notice of such complaints of racism, then that is the person to serve. If no one specific is mentioned, then serve it on the actual Head of HR, not to the secretary to Head of HR, and not to another staff member in HR, but to the actual Head of HR.
Your reporting this to HR should trigger an investigation. Many employees avoid reporting such occurrences and become anxious, because they don’t want to experience the stress and uncomfortableness that may follow. They may fear that they will not be believed, especially if there were no witnesses. Even if there were no witnesses, you should still document and report.
Don’t Make Assumptions
Don’t make assumptions that management will automatically believe in the veracity of the complaints. This is one of the many reasons why it is critical you report this in writing. Management is generally not comprised of Black-majority personnel and has no direct experience of being the personal target of racism. A Black employee who complains about racism to management may be met with Human Resources’ and management’s disbelief, and certitude of their own belief that this could not possibly be happening in their workplace. Furthermore, since some in management who are non-Black lack the cognition of just how damaging and painful these remarks can be a to a Black person, who still walks so closely with her/his ancestors’ 250 years of slavery followed by 100 years of extreme apartheid, followed by the more recent and much briefer, 59-year period in which apartheid has been banned.
What You Can do
I have successfully represented employees who were racially harassed and discriminated against and called the n-word and was successful in recovering multiple six figure moneys for them. If you are experiencing race harassment or discrimination in the workplace, you should contact this office immediately for a free consultation.
I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were subjected to workplace discrimination. If you think you have been retaliated against for complaining about or reporting to your employer what you believe are your employer’s illegal practices or a racially hostile work environment, it is essential for you to contact an experienced, competent and successful race discrimination attorney who will be aggressive about enforcing your rights as soon as possible.
If You Resign, You May Lose Right to Prevail in a Lawsuit.
In many instances of discrimination and retaliation, if you resign, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed.
If you are thinking of resigning, or think you will be fired, or have been fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.