Human Resource Blog

Louisiana Race Discrimination

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I’m an employer concerned about free speech in Louisiana. Are racial epithets and insulting graffiti still considered a hostile work environment if no one complains about them?

Yes. A court ruling has recently found that an employer was aware of, or should have been aware of, a hostile working environment regardless of complaints. There was evidence of such an environment in the workplace. Pamphlets and articles of a racist nature were in the employees’ break room, and racist graffiti was plastered throughout the workplace. The Pennsylvania steel company in question had to pay out $600,000. The case involved 20 African-American workers. In your case, the fact that you have asked about this indicates that you are aware of it.

You as an employer have an obligation to make moves to eliminate hostile working environments in the absence of complaints.

A pattern of insulting or abusive behavior must be present to meet the legal test. At the same time, the employer needs to be aware of the behavior.

In any case, employees don’t always register their complaints immediately. Sometimes they will put up with hostile, racist, abusive behavior for a long time, sometimes a year or more, before becoming “fed up” and filing an official complaint. She or he has a perfect right, and may decide at any time that the behavior has reached the point of offensiveness.

You asked about free speech. It is an important Constitutional right, yet there are limits. Just as the Constitutional right to free speech does not give you the right to cry “fire” in a crowded theater or make a bomb threat, neither does it allow for making insulting, racist, offensive remarks that create a hostile environment in the workplace.

The key piece of legislation behind this is Title VII of the Civil Rights Act of 1964. Title VII makes it illegal to discriminate because of race, color, sex, creed, or national origin.

Keep in mind that, as an employer you must follow up on complaints from people who are not members of the group that is the target of the offensive speech or behavior. The law takes their complaints with equal seriousness, and you must do so also.