Racial Harassment Under federal law it is illegal to harass a person in any aspect of employment because of that person’s race or color. Harassment can include racial slurs, offensive or derogatory remarks about a person’s race or color, or the display of racially-offensive symbols. Racial harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim of the harassment being fired or demoted). This page provides answers to the following questions: 1. What is racial harassment? Racial harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964. To be considered discrimination, the harassment must be based on some protected trait. Under federal law, those traits include race, color, national origin, gender, pregnancy, age, religion, disability and genetic information. Racial harassment is unwelcome behavior that happens to you because of your race, color, or national origin, such as verbal or physical conduct of a racial nature. Racial harassment in the workplace is unlawful when 1) enduring the offensive conduct becomes a condition of continued employment,  or 2) when the conduct is severe or pervasive enough to create a work environment that a person would consider intimidating, hostile or abusive. This is also called hostile environment harassment. Whether harassment is severe or pervasive is determined on a case-by-case basis. However, consideration is given to the following factors: The frequency of the unwelcome harassment; The severity of the harassment; Whether the harassment was physically threatening or humiliating, or a mere offensive utterance; The effect on the victim’s psychological well-being; and Whether the harasser was a superior within the organization There are some legal terms used in discussing racial harassment that may be unfamiliar to you. If you would like to learn more about these terms, read our definitions page. 2. Which federal law(s) cover racial harassment? Although many federal and state laws do not specifically define race harassment or make it illegal, courts have found that racial harassment is a form of race discrimination which violates the laws against race discrimination in the workplace. Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based on race. This law makes it illegal for an employer to discriminate against individuals because of their race in hiring, firing, and other terms and conditions of employment, such as promotions, raises, and other job opportunities. The laws of most states also make it illegal to discriminate based on race, and some states specifically make racial harassment against the law. Some states may also have different grounds under which you can bring a harassment suit, such as assault and battery, or intentional infliction of emotional distress. For more information, see question 30 below. 3. Who is covered by the law? Title VII covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor-management committees controlling apprenticeship and training. Many states also make it illegal to discriminate based on race; some even require a fewer number of employees for harassment claims than are required for other types of discrimination claims. For more information, please see our page on the minimum number of employees needed to file a claim under your state law. 4. What types of conduct are considered racial harassment? Many kinds of conduct that are of a racial nature may be racial harassment, if the behavior is unwelcome and if it is severe or pervasive. However, courts have resisted adopting what they consider a workplace “code of conduct” or list of behavior that is automatically considered to be racial harassment. As a result, if the conduct is not unwelcome or not severe or pervasive, courts will not necessarily consider each type of conduct listed below to be racial harassment. Additionally, petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of being unlawful. Some examples of conduct that may be racial harassment include: Verbal or written conduct: Jokes; innuendos; slurs; name-calling; comments about clothing, personal behavior, or your body; racial or race-based jokes; telling rumors about your personal life; threatening you; organized hate activity directed at employees Physical conduct: Rape or assault; impeding or blocking your movement; inappropriate touching of your body or clothing; Nonverbal conduct: Derogatory gestures or facial expressions of a racial nature; following or stalking you; malicious interference with work performance. Visual displays: Posters, drawings, pictures, screensavers or e-mails of a racial nature; epithets scrawled on the employer’s property; hangman’s nooses, Nazi swastikas, or other items understood to have racial significance 5. Who can be classified as a racial harasser and who can be classified as a victim in the workplace? The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. The victim does not have to be the person harassed but can be anyone affected by the offensive conduct. 6. I think I’m being racially harassed at work. What should I do? When dealing with racial harassment, there is no one best thing to do, because every situation is different. However, there are two important things to remember, as they affect your ability to pursue legal action should you decide to in the future. Say no and communicate to the harasser directly that the conduct is unwelcome. One legal requirement for racial harassment is that the conduct is “unwelcome.” Therefore, you are encouraged to inform your harasser that the conduct is unwelcome and must stop. Additionally, do not engage in stereotyping yourself which may lead someone else to think that certain comments are acceptable. Tell the person that his or her behavior offends you. Don’t engage in racial banter or joke back in response, or otherwise, send mixed signals. Direct communication, whether verbal or in writing, is better than ignoring the behavior and hoping it will go away. Report harassment to your employer as soon as … Continue reading Racial Harassment