If your supervisor is making racist comments, you may be wondering what you should do. You may be worried about losing your job or facing retaliation for speaking up. Luckily, workers in California are protected against harassment and retaliation under robust state and federal laws.
At the Armstrong Law Firm, our Northern California employment lawyers are passionate about helping victims of harassment. If you are dealing with a supervisor’s inappropriate comments, use the following strategic steps to protect your career and your legal rights.
How to Respond to a Boss Making Racist Comments
When anyone makes a racist comment, it can be tempting to speak out of anger or make an accusation. How you respond in the moment depends on your level of comfort and the nature of the person making the racist remark. If you believe your boss may be unaware that their comment is offensive, consider asking them to clarify calmly.
Forcing a supervisor to explain an inappropriate comment often highlights its insensitivity without escalating unnecessary workplace conflict. If you do not feel safe responding in the moment, or if this is a pattern of behavior, take detailed notes on the situation so you can file a report.
File an Official Report with Human Resources First
If your boss has a recurring pattern of racist comments, you should file a complaint with your internal Human Resources department. Make a detailed report including the exact comments, dates, times, and any witnesses who were present. Be specific and state that this behavior is creating an abusive or hostile work environment. This wording should trigger a legally required internal investigation.
Always keep personal records of your written complaints and any email responses. Under California’s Fair Employment and Housing Act (FEHA), workers are protected from retaliation. If you get fired or experience further hostile treatment after reporting, you may be able to hold the company liable.
Document the Incident
Never solely rely on your company’s internal systems to preserve evidence. Document the incident thoroughly, saving anything that could be used as evidence. This could include private messages, texts, emails, or even performance reviews. Download these documents onto a personal device to prevent a disreputable manager or other company employee from destroying important evidence.
If you experience any negative shifts in how you are treated after reporting workplace harassment, be sure to write that down as well. This could look like sudden changes in scheduling, isolation, or continued harassment that may form the base of an unlawful retaliation claim.
File a Complaint with the Equal Employment Opportunity Commission
Under the Civil Rights Act of 1964, employees may file a complaint against their employer for discrimination and harassment. Filing a report with the Equal Employment Opportunity Commission (EEOC) may escalate matters and make your employer take your complaint more seriously. You will need to file prior to initiating a lawsuit.
Consult with a Northern California Employment Law Attorney
If you are experiencing a pattern of racist comments at work, you should consult with a Northern California employment law attorney. At the Armstrong Law Firm, we have over 20 years of experience protecting employees’ rights and seeking compensation for hostile work environments. Contact us today for a free consultation to discuss your rights and next steps.