How to Prove National Origin Harassment in the Work Place

In the years since the September 11 terrorist attacks, complaints of national origin work place harassment have increased. The Equal Employment Opportunity Commission has reported an increase in the number of national origin discrimination charges as well as an increase in the number of such claims found to be supported by reasonable cause. Such charges are based on conduct ranging from discriminatory slurs and jokes to physical threats and coercion. Electronic messages, bulletin board postings, and graffiti are other sources of hostility. In some cases, the victims contend that the harassment was so severe as to compel resignation. In other cases, the employee continues to work for the employer due to a lack of choice. Under either scenario, when the harassment is sufficiently severe and pervasive to create an objectively hostile work environment, a cause of action can be asserted. Read on to learn more.

Difficulty: Moderate

Instructions

Things You'll Need:

• Diary or notebook with offensive remarks and misconduct recorded.
• Copies of documents and/or photographs depicting offensive written language.
• Names of offenders and of witnesses to the harassment.

1. Review the company’s employee handbook for procedures to follow when harassment is perceived to have occurred. Alternatively, look for a no harassment policy posted in the break room or other location where notices of employee rights are posted.

2. Report the harassment to the department manager or other supervisory level person designated by the company’s no harassment policy. If no such policy exists, report the harassment to your supervisor or head of human resources.

3. Record in a notebook, diary, or journal any comments said in your presence that reflect a negative or hostile view of workers of foreign national origin. Record details about the speaker and witnesses to the statements. Maintain a similar record of misconduct, such as unwanted physical contact or hazing.

4. Retain copies of emails, bulletin board postings, and other documents that evidence discriminatory or hostile views towards workers of foreign descent.

5. Assuming the harassment continues after your report, file a Charge of Discrimination with your local district office of the Equal Employment Opportunity Commission.

Tips & Warnings

• If the employer has in place a written policy against work place harassment, the employee is generally required to give the employer notice of the harassment and an opportunity to correct it before bringing a claim. Consequently, if such a policy is in place, it is essential to file the internal report described above.
• If your supervisor is one of the offenders, take your complaint to another management level employee. Explain that you are uncomfortable confronting the supervisor about the harassment because of his involvement in it.
• Keep clear notes of the employer’s response to your complaint and of any continued harassment that follows.
• Federal law prohibits an employer from retaliating against an employee for complaining of unlawful discrimination or harassment. If adverse employment action is taken against you as a result of your complaint, report this to the Equal Employment Opportunity Commission and file a separate "Charge of Discrimination" for unlawful retaliation.

Resources

• www.eeoc.gov