Human Resource Blog

Race Discrimination in Pennsylvania

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I’m an employer concerned about racial discrimination and free speech in

Pennsylvania. Are racial epitaphs and insulting graffiti still considered a hostile work environment if no one complains about them?

Yes, a “hostile environment” may exist under the law, even though no employee complains. As an employer, you have an obligation to take steps to eliminate such behavior. 

For example, in a recent case a Pennsylvania steel company paid more than $600,000 to 20 African-American workers for discrimination. The court ruled that the employer knew about, or should have known about, the hostile working environment, even in the absence of any complaints. That’s because there was graffiti with racial epitaphs throughout the work area, and racist articles and pamphlets in the employee break room.

To meet the legal test of a hostile working environment, there needs to be a pattern of insulting or abusive behavior, and the employer needs to be aware of the behavior. The simple fact that you are asking this question indicates that you are aware of the offensive behavior.

Be aware that employees don’t have to complain immediately in order to prove a hostile working environment. For example, an employee could endure this type of behavior for a year, and then complain. They are perfectly within their rights to decide that the behavior has become offensive, at any time.

Also be aware that any employee can lodge a complaint of a hostile working environment with the EEOC, even if they are not a member of the targeted group. For example, a Caucasian employee might find graffiti that insults African-Americans offensive. Or, an African-American man may find graffiti that denigrates women offensive. If such a complaint is made, you must treat it just as you would any other complaint.

Free speech is an important right under the Constitution, but there are many limits on that right. For example, free speech doesn’t allow you to make bomb threats on an airplane. One of these limits on free speech is not making negative remarks about groups that are protected in the workplace. Under Title VII of the Civil Rights Act of 1964, it is illegal to discriminate on the basis of race, religion, sex, color, or country of origin.