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Race Discrimination in Nevada

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

Definitely. A hostile work environment, legally speaking, consists of repeated abusive and insulting behavior that is known to the employer. Your question suggests that such an environment has come to your attention.

In spite of whether an employee complains, the environment does exist. Making changes to that environment, to reduce and abolish those behaviors is strictly the responsibility of the employer.

Consider the position of a Pennsylvania steel company in a recent discrimination suit involving 20 African American workers. Racist graffiti was spread throughout the company, and the worker’s break room contained literature of a racial tone. The ruling declared that the employer, even without the employees filing a formal complaint, knew or should have known about the situation. As a result, the court found in favor of the workers to the tune of $600,000.

An employee can find certain repeated behaviors offensive at any time, and can file a complaint with the EEOC at any time. There are cases of workers who have endured hostile situations for months before reporting it. The bottom line is that there is no time requirement for determining that a work environment is or has become offensive.

Not only can an employee file a complaint at any time, but any employee can file regarding any behavior. For example, an Asian male may find literature denigrating African Americans as offensive. Male employees could see graffiti that slurs women as insulting. Caucasian workers could file a complaint regarding graffiti against Asians.

The employee doesn’t have to be a part of the targeted group to classify the behavior as hostile.Some may argue that the Constitution guarantees free speech. What they don’t embrace about the right, is that it comes with limits. Consider someone flying on a plane that makes a bomb threat, or a citizen who threatens the president of the United States. Those statements are illegal.

Making negative remarks about certain groups of people is also illegal. Title VII of the Civil Rights Act of 1964 prohibits discrimination because of a person’s country of origin, race, color, sex or religion. This law applies protects the workplace environment as well. JH