Stopping Racial Harassment
Millions of workers in the United States face discrimination on the job and in trying to get a job because of their race or nationality.
In fiscal year 2016, the Equal Employment Opportunity Commission (EEOC) received 32,309 charges of race discrimination – that’s 5,071 more charges than reported in 2007. In 2016, the EEOC resolved 33,936 racial discrimination charges (some of which were carried over from previous fiscal years) and recovered $79 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). Of the cases litigated by the EEOC on behalf of workers in fiscal year 2016, 60% of the suits alleged racial harassment, second only to racially discriminatory discharge (90%), and racially discriminatory terms/conditions of employment represented 30% and racially discriminatory assignment represented 20% of the EEOC filed cases.
The following is the official EEOC definition of racial harassment:
Racial harassment is a form of race discrimination which includes racial jokes, ethnic slurs, offensive or derogatory comments, or other verbal or physical conduct based on an individual’s race or color. Such conduct may create an intimidating, hostile, or offensive working environment, or interfere with the individual’s work performance, in violation of Title VII of the Civil Rights Act of 1964.
An employer is not only guilty of violating the law if they commit an offensive act; an employer also has an obligation to stop any form of racial harassment. They can be found guilty if they allow an illegal act to take place and do nothing to stop it.
The Union Responsibility
Every union steward knows that one of the most important parts of his or her job is keeping workers united. This is how we win grievances and achieve good contract settlements. The union cannot remain united if union members are harassed, intimidated or feel bad about coming to work because they are singled-out for harassment because of their race. If the union knows this is going on and does nothing, then the union has failed in one of its main jobs—to protect workers from discrimination.
What should be done if the employer is committing acts of harassment?
Here’s an example: A Black worker comes to the union steward and says that he is sick and tired of Ralph, his supervisor and another boss standing around near him telling each other racist “jokes.” On several occasions he has told them to stop it, but they keep coming back to stand near him and loudly tell “jokes.”
The union steward has several avenues of attack. It is obvious that a grievance exists. Using the EEOC definition, offensive language is being used creating a hostile and offensive work environment.
First, many contracts contain a clause that prohibits discrimination based upon race, nationality, sex, age, etc. A grievance can be filed using this section. The union’s approach to “discrimination” should be that under EEOC definitions, racial harassment is a form of racial discrimination. At a minimum, the union can demand that the foreman apologize and be banned from making such remarks. It would be an unacceptable settlement to have the worker moved to a different work area. This would be punishing the worker, not the foreman.
Second, the union can file a charge against the foreman and the employer with the EEOC. Filing a grievance does not stop the worker or the union from filing a complaint with the EEOC. Even if the union wins the grievance the worker and/or the union still has a right to go to the EEOC.
Third, the union steward should make sure that other workers are supporting the worker who was being harassed. That worker should not have to stand alone against harassment.
What should be done if another worker is committing acts of harassment?
Here are some brief facts:
- No member should have to put up with any form of harassment. Coming to work is often stressful enough.
- Racial harassment is wrong, both morally and legally. It is in violation of the union’s policy and principles. The union must tell any member who is racially harassing another member that they must stop immediately or they will be disciplined. If the worker won’t listen to the steward, then a group of workers should try to talk sense to the person.
- If the member does not stop, management must be notified so action can be taken. Remember, although no union person likes to turn in another union person to management, the union has a legal obligation to stop racial harassment once they know it is going on. The employer is legally charged with providing a workplace that is safe, healthy and free from discrimination. The employer has the authority to stop harassment.
The union exists to protect its members and to improve their wages, hours and working conditions. If a union member is being harassed the union has an obligation to defend that worker.
Creating a Workplace Environment Free from Racial Harassment
Some workers have grown up in environments that allowed racist language or racist graffiti to be used. We have to educate them why this is wrong. Unionists should not use racist words because:
- They identify the racial or ethnic background as a negative rather than a positive aspect of a person;
- They make the victim feel powerless;
- They insult and degrade;
- They create a climate which often leads to mistrust among workers and leaves the employer the only winner.
When a Joke is Not a Joke
Racial or ethnic jokes have a history. They originated in times when a race or group of people were socially under attack and lacked the power to respond effectively. These jokes, whether intended or not, are a reminder of that history.
Racial or ethnic jokes can:
- Endanger a worker’s job performance through stress;
- Create an environment where more serious forms of discrimination and abuse can take place.
The materials on this page were adapted from the United Electrical, Radio & Machine Workers of America, who ask that we share a link to this notice in exchange for recirculating this information.
