Is Racial Harassment in the Workplace Legally Actionable?

The Florida Civil Rights Act of 1992 (FCRA) protects many workers in our state against racial discrimination, including race-based harassment. If you or your loved one was subject to racial harassment on the job, you may have a legal claim. When racial harassment is severe or pervasive, it can constitute unlawful race discrimination. An employer may be legally liable. In this article, you will find an overview of workplace racial harassment claims in Florida.

Racial Harassment Can Violate Florida Law Even Without a Firing or Demotion

First and foremost, it is important to emphasize that racial harassment is legally actionable in Florida. Indeed, race-based harassment can support an employment discrimination claim even when the worker was not fired, demoted, or denied a promotion. That is in contrast with other discrimination claims which generally require a specific adverse action.

The FCRA makes it unlawful for a covered employer to discriminate against an employee with respect to the “terms, conditions, or privileges of employment” because of race. A racial harassment claim commonly takes the form of a hostile work environment claim. The worker generally must establish that he or she experienced unwelcome harassment because of race and that the conduct was sufficiently severe or pervasive to alter the conditions of employment.

Racial Harassment Must Be Severe or Pervasive

To be clear, not every offensive workplace comment creates a legally actionable hostile environment. Under the standard applied by courts in Florida, the harassment must be severe or pervasive enough to alter the terms and conditions of employment. It should be noted that a worker in Florida does not have to prove that the conduct was both severe and pervasive. An especially serious incident may potentially satisfy the standard even without repeated misconduct. An experienced Florida employment lawyer can investigate your racial harassment case and help you gather the evidence that you need to present a strong, compelling claim.

Workers Should Protect their Rights After Race-Based Harassment

Employees should document potentially discriminatory incidents carefully. Useful evidence may include emails, text messages, internal messages, photographs, witness names, written complaints, performance records, and contemporaneous notes identifying what occurred and when. An employee who uses an employer’s reporting procedure should also preserve evidence showing when and how the complaint was made. Do not wait to take action: You have a right to report racial harassment in the workplace. An attorney can help you understand the law. 

Note: Florida law separately prohibits retaliation against a worker because that person opposed an unlawful employment practice or participated in a discrimination proceeding. Fla. Stat. § 760.10(7). A retaliation claim may arise, for example, if an employer takes materially adverse action after an employee reports racial harassment.

Get Help From a Florida Workplace Harassment Lawyer 

Racial harassment claims are complicated. If you or your loved one was the victim of race-based harassment in the workplace, you may be entitled to compensation and other remedies through an employment law claim.