When racist jokes fly in the workplace it can make every shift uncomfortable. When does racial harassment cross the line into discrimination? Is there anything you can do to stop the jokes?

In this blog post, I will discuss the federal laws against racial discrimination. I will explain what it takes to form a racial harassment claim, and will give some examples of when racist jokes create a hostile workplace.

Racist Jokes and Racial Harassment

Racial harassment is unwelcome verbal or physical conduct based on or happening because of your race or national origin. Racial jokes are one form of racial harassment, as is stereotyping. Just like sexual harassment, racial harassment can be illegal under Title VII of the Civil Rights Act of 1964 if it results in an adverse employment decision (like firing, wages, or shift assignments), or if it is severe or frequent enough to create a “hostile work environment.”

Racial slurs, physical threats, and racial jokes have all been held to create a hostile work environment, but it depends on the circumstances, and how the management responds to complaints. Here are a few examples of when racist “jokes” amounted to discrimination.

Physical Racial Jokes Cross the Line Quickly

When racial jokes include physical elements, they can quickly turn into discrimination. When coworkers hung a noose in a black employee’s work area, that was severe enough to count as discrimination. EEOC v. A.C. Widenhouse Inc., No. 1:11-cv-498 (M.D.N.C. verdict filed Jan. 28, 2013). In another case, graffiti including racial slurs was painted on a minority worker’s truck. That too, counted as discrimination. EEOC v. Yellow Transp. Inc., No. 09 CV 7693 (N.D. Ill. preliminary approval granted June 28, 2012).

Casual Working Environments Often Require Notice

If you work in an office or shop where everyone uses foul language, and where racial slurs are part of the atmosphere, you will need to take an extra step to protect your rights. By putting your coworkers on notice that race-based humor offends you, you can protect yourself and lay the groundwork for a racial discrimination case.

Supervisor’s Comments Held to Higher Standard

If the racist jokes are made by a supervisor, boss, or manager, it may take less to meet the requirements for racial discrimination. That is because a supervisor’s words carry greater weight and have more effect on the workplace than a person’s coworkers. When a supervisor used racial epithets about the intelligence and behavior of African American employees, the court said it was discrimination. EEOC v. AA Foundries Inc., No. 11-792 (W.D. Tex. judgment and injunction entered Oct. 9, 2012)

What To Do if Racial Jokes Make Your Workplace Hostile

If you feel like you are the butt of racial jokes in your workplace, there are a few things you should do.

Complain to Management

One of the best ways to demonstrate that racial jokes are unwanted is to complain to the management. Your supervisors are legally required to take steps to end racial harassment in the workplace, but only if they know about it. You may be speaking for coworkers who aren’t able to object themselves. If no one objects, you may all have to continue to endure a hostile working environment.

Do Not Engage

Most racial discrimination cases aren’t one-time events. Often, courts require a pattern of behavior before racial jokes cross the line. That can put employees in the uncomfortable position of enduring racial commentary while waiting for the management to respond. It can be tempting to play along or return verbal punches. But doing so can destroy a person’s racial discrimination case. By trading jabs with your harasser, you make it seem like the comments are welcome, or not offensive. Do not engage! Instead, walk away or reiterate your complaints.

Document Everything

Documentation is the key to proving a racial discrimination case. Every time you complain to management or your union representative do it in writing (including email). Keep a copy for yourself. You can also start a journal, which will help you record day by day what racial jokes were used, who used them, and what happened because of them.

Talk to a Racial Discrimination Attorney

If your complaints go unheard, it’s time to get a professional involved. By talking to an experienced racial discrimination attorney early in the process, you can preserve your rights and improve your chances of changing the nature of your working environment.

At Eisenberg & Baum, our racial discrimination attorneys can help you negotiate with your employers, file Equal Employment Opportunity Commission (EEOC) complaints, and even go to court to protect your rights. We will fight to end racial harassment in your office. Don’t wait until the discrimination goes “too far.” Contact us today for a free consultation and start on the path to a racially sensitive workplace.