Racial harassment can make the working atmosphere unbearable. It could affect a person’s days difficult and harsh. Racial harassment at work means that another person uses language (spoken or written), visual material, or physical behavior that expresses hostility against another worker, by ridiculing them based on their ethnic, color, racial or national origins.
Facing racial harassment has a negative effect on a person’s job performance.
If you are facing such behavior at work from a co-worker you should report the act to your supervisor. If the behavior comes from a boss or supervisor, it would be a good idea to talk to a New Mexico employment attorney who has experience with racial harassment.
Racial Harassment by Co-workers, Clients or Customers
Racial harassment is not always occurring by a figure of power such as bosses or supervisors. It could easily come from co-workers, even from clients or customers. If this happens, be sure to report this to your employer. Your employer must investigate your complaint and they learn that you have a good case, they should take all reasonable measures to stop the harassment.
However, if the harassment happens again after your complaint, and your employer doesn’t take any steps to prevent it, you can bring a personal grievance against your employer.
Facing Racial Harassment By a Supervisor
Cases like this are more complex than cases where a co-worker or a client is the harasser. In such cases, the worker may not take any steps fearing that they may get fired, or face any other form of revenge. However, you shouldn’t stay quiet.
Tell the person that their behavior is not welcomed and that they should stop. Try not to engage in banter.
It’s best to address them directly, through verbal or written communication. If you don’t feel like talking to the supervisor, you may express your opinion in a letter, letting them know how you feel and that their behavior is offensive.
If this doesn’t work, you may want to talk to another supervisor, boss, or your employer. The final step is to address an organization that would help you. You don’t necessarily have to file a lawsuit or immediately hire an attorney to resolve this problem.
However, if things seem to become worse, you may consider this. The time deadline to file a legal complaint begins on the date of the harassment, not on the date which your company resolves your complaint. Be sure not to miss legal filing deadlines while waiting for the company to resolve your case.
What if The Company Doesn’t Have Harassment Policy
The employers should to set, publicize, and make anti-harassment policies and complaint procedures. In some states, this is required by the law. If a company doesn’t do there will be difficulties proving that it used reasonable care to prevent and correct harassment. Most companies have chosen to use anti-harassment policies and complaint procedures. Be sure to read this policy if you haven’t so far, or ask your employer about a copy. The policy should be written in an understandable way and be exposed in locations where everyone will be able to see it and read it. The company should provide training to all employees to be sure everyone understood their rights and responsibilities.
Steps to Take if You Experience Racial Harassment in the Workplace?
People who face racial harassment in the workplace can bring a personal grievance under the Employment Relations Act. Another method you can use is to complain to the Human Rights Commission under the Human Rights Act.
However, both things cannot be done. If your choice is to seek justice through the Employment Relations Act you should raise your personal grievance within ninety days. Human Rights Commission gives you a long time. HRC also covers a wider group of workers compared to the Employment Relations Act. Human Rights Commission includes also self-employed, pre-employed, and voluntary workers cases.
Should You Hire an Attorney
Although in most cases people are able to resolve cases like this, sometimes an attorney may help you better. In case the harassment doesn’t stop even though you took all steps you could, maybe you can file a lawsuit. Before you do that you should consult with an attorney who has experience in this area. Let them review your case and advise you on the potential steps you may take.
If it’s necessary your attorney will represent you in court.
Get the free consultation at FBD law today.