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Is This Discrimination?

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One of our employees (white) was driving the forklift and the (black) employee said hey. The (white) employee said hey what’s happening boy (not thinking anything of what he said or meaning anything by it). The (black) employee became irrate and threatened to fight him. He threatened him several times before the supervisor had to finally send him home. My understanding is he is constantly accusing someone in the shop that their conversation is referring to blacks when it doesn’t have anything to do with racism.

Yes, the forklift driver’s comment was racist. And yes, the other employee’s response (threats) was inappropriate. The employer needs to discipline both employees.

Certain objects, words and behaviors historically used against different groups take on symbolic meaning.  These include nooses, the n-word, the Confederate flag and the word “boy” for African Americans. Traditionally black males were called “boy” and not called “men” ever, even when they were war heroes or were 88 years old. This was a tactic to demean them.

The forklift driver’s action might be unintentional, but it’s still discrimination.

Saying “I didn’t mean anything by it” doesn’t change this action. What’s next? The forklift driver using the n-word or putting a noose in the black employee’s locker and saying, “I didn’t mean anything by it.”?

Under Title VII of the Civil Rights Act of 1964, actions can legally be discrimination even if that was not the intention.

At least in this case, both employees did something wrong, but only the black employee was disciplined. The forklift driver made racist remarks, and the employer needs to discipline him for that.

The employer also needs to make it clear to the second employee that threats are not acceptable in the workplace. Instead, the employee should be assured that if someone is making racist remarks, or discriminating against him, he should report the incident to his supervisor. But this only works if the supervisor takes such complaints seriously and addresses them.

It might also be time to retrain the entire staff, including supervisors, on exactly what illegal discrimination – especially racial discrimination – is. An employer who is aware of this type of conduct, and doesn’t put a stop to it, is creating a hostile work environment under the law.