The Employee’s Guide to Racial Harassment Claims in Florida

As an employee, you should not be subject to worse treatment in the workplace because of your race. Racial harassment is, by definition, a form of race-based discrimination. If you were subject to a hostile work environment based on your race, you may have a claim against your employer. Below, you will find a more in depth guide to racial harassment claims for employees in Florida.

Know the Law: Federal and State Workplace Discrimination Laws 

Workers are protected against discrimination on the job under both federal law (Title VII of the Civil Rights Act and state law (Florida Civil Rights Act). Both of these laws apply to businesses and organizations with 15 or more total employees. In addition,  federal statute 1981 applies to all employers and it limited to race discrimination and retaliation claims.

A Hostile Work Environment Based on Race is Unlawful 

A hostile work environment that arises from racial discrimination is not only morally reprehensible but also explicitly illegal. The “severe or pervasive” standard is a legal threshold used to determine whether conduct in the workplace constitutes unlawful harassment. For conduct in the workplace to be deemed unlawful harassment, it must be either severe enough to create a hostile or abusive work environment with even a single incident, or it must be pervasive, meaning frequent or continuous over a period.

 Examples of Racial Harassment in the Workplace 

Race-based harassment can take a number of different specific forms. Here are some examples of conduct that could constitute racial harassment in the workplace:

• Racial Slurs and Jokes: An employee repeatedly uses racial slurs or makes offensive jokes about a coworker’s racial background that the workplace environment is uncomfortable and hostile for that coworker.
• Displaying Racist Symbols: Displaying racist symbols, such as nooses or swastikas, in a workplace or on personal items visible at work directly creates a threatening atmosphere for employees of certain racial backgrounds
• Exclusion from Work Activities: Deliberately excluding an employee from meetings, training sessions, or events based on their race can constitute racial harassment. It is a type of exclusion that impacts the employee’s ability to perform and advance professionally.
• Unfair Job Assignments: Consistently assigning certain employees, based solely on their race, less desirable job duties or work shifts that are not in line with their job descriptions or qualifications.
• Racially Biased Performance Evaluations: When supervisors provide unjustifiably poor performance evaluations or deny promotions based on an employee’s racial background rather than their job performance.
• Derogatory Comments About Cultural Practices: Making derogatory comments or mocking an employee’s cultural dress, accents, traditions, or religious practices tied to their race. The harassment can alienate the targeted employee but also erodes mutual respect.

 As a worker, you have the right to report harassment on the basis of race to your employer without facing any retribution. If punished for reporting harassment, you may have a retaliation claim.

 Get Help From a Workplace Harassment Lawyer in Florida 

No worker should be forced to endure harassment based on their actual or perceived race, ethnicity, or national origin. If you have any specific questions about racial harassment cases, an experienced Florida discrimination attorney for help.