Is This Incident at Work a Violation of Employment Laws? #HR #Diversity #WorkplaceCulture
As an HR professional, you may encounter situations in the workplace that raise concerns about potential violations of employment laws. One such scenario involves a new hire who experiences an uncomfortable incident due to an inside joke gone wrong. Here’s a breakdown of the situation:
The Incident:
– A black female new hire is the only African American in a diverse company
– During her first day, a male employee calls her ‘selfish’ in a joking manner
– The manager explains it’s an inside joke replacing ‘that’s racist’ with ‘that’s selfish’
– The male employee adds ‘and I’m sexist’ when challenged by the new hire
– The new hire resigns the next day with a formal complaint, citing fear
Key Points to Consider:
– The incident involved potentially offensive remarks related to race and gender
– The new hire felt uncomfortable and intimidated enough to resign
– HR witnessed the incident but did not intervene or offer support
Investigation and Legal Implications:
– The situation is an active investigation, indicating potential seriousness
– If the remarks created a hostile work environment or violated discrimination laws, legal action may be warranted
Final Thoughts:
– It’s crucial to take all incidents of discrimination or harassment seriously in the workplace
– Training on diversity, inclusion, and sensitivity can help prevent future issues
– Supporting employees who raise concerns fosters a healthy work environment
So, what do you think? Should incidents like this be taken seriously to ensure a safe and inclusive workplace for all employees? Let’s discuss. #WorkplaceDiversity #InclusionMatters #EmployeeRights
Ummm, yeah.
Wow that’s horrible for that poor lady
What a shit show. Throwing around the word racist, saying that people use the word “selfish” to mean racist, yelling out someone is a racist and doing it all around a brand new hire? Yikes. Sounds like this company is a big lawsuit waiting to be served.
What the hell? What is your role in all of this? Who are these people you work with that think this is appropriate in any way, shape, or form? I’m like, mouth open, head shakingly shocked right now. I’m so sorry that new hire had to go through this and I am sorry that you work at a place that is so…mean and gross.
I was excited when I read brownies and then things got real stupid, real fast. I’m sorry this happened to you. Yes it should be taken seriously. What a mess.
What the actual fuck?
What the actual fuck?
There are so many things that went wrong here I don’t even know where to start. 🤷🏻♀️
JFC of course it’s Tennessee. I’m so glad I got out of that shithole, and I’m sorry you have to deal with this, OP.
If it’s all documented, file a complaint with EEOC right away. They will investigate and eventually will determine if it’s a cause for a lawsuit and fines against the company. They will also advise her to hire an employment attorney.
Seems most of the entire department should be let go, if its an at will state. Thats for sure.
You should make a formal written complaint as high up the chain as you can get. Then copy the EEOC on everything.
I work in Mississippi – we have problems down here. But that!! Is not to be tolerated.
You did not overreact. In fact, I think you under reacted and showed amazing constraint.
I am so sorry that happened.
Jesus yes this should be taken seriously. What a shit show. I don’t know if this rises to Lawsuit level (don’t know if this is pervasive enough) but definitely is improper behavior used under the guise as a “joke”
Holy cow
JFC… by all means, don’t take this seriously… just wait for the next one.
Jesus Christ, you walked into a real shitshow over there. This place is a wasteland of awful humans.
[https://www.tn.gov/humanrights/contact-us/file-a-discrimination-complaint.html](https://www.tn.gov/humanrights/contact-us/file-a-discrimination-complaint.html)
I can’t say that they’re going to have much happen to them, since it’s something you experienced and you’re not going back there, there’s nothing to lose by letting the human rights division know that they’re a bunch of racist clowns acting out over there.
First, I am so incredibly sorry that this happened to you. What an awful and ultimately traumatizing experience.
As mentioned, you should:
1. File a complaint with EEOC – [https://www.eeoc.gov/youth/how-file-complaint](https://www.eeoc.gov/youth/how-file-complaint)
2. File a complaint through the TN link the other person sent
3. Find an attorney
4. In terms of general laws that were broken, Title VII of the Civil Rights Act of 1964. Someone could maybe question “If you were only there for a day how did this impact your employment” the term you’d be looking for is “Constructive Discharge” – occurs when an employee resigns due to a hostile work environment created by the employer.
I’m sure you’d also have some sort of leverage if there were other job offers you declined or if you left employment for this opportunity.
Again, I am so sorry this happened to you.
If I was the new hire in this case I would definitely feel like I had walked into a horror movie, but I don’t know if the complaint will go anywhere. “”Jokes”” about inappropriate topics that push people’s boundaries can be part of creating a hostile work environment, but that would usually involve a pattern of behavior over a long period of time, not one incident. I can understand why she wouldn’t want to stay to find out what the next incident might be, though.
I used to love Tennessee – I’m sorry this happened to you there. When the man said, “that’s selfish” I just assumed he meant because you didn’t want them to bring in brownies or whatever then everyone would miss out on treats.
I’m so glad you didn’t waste any more than a day on that group.
This is an awful situation and I’m sorry it happened to you. I’d do the same thing you did by quitting.
As far as employment laws broken, that’s a tricky one. Generally the harassment has to be pervasive. One single day with a few comments might not meet that bar. It might but it might not. It sounds like it’s a common company culture but you yourself only witnessed a bit of it. Perhaps the HR person ran away to get their manager to say “hey Bill is being ridiculous and racist again; can we fire him?” But we can’t know that.
I’d still say it’s worth chatting with an employment lawyer; they might feel completely different than me. Generally, the first consultation is free.
So to be clear, the new hire declined cupcakes/brownies for their birthday and someone got butt hurt that there would be no confections for celebration and all of a sudden everyone starts word vomiting?
OMG… did you really ask if this should be taken seriously?
Yes. End of story.
What the sh1t?!!! What kind of drugs are is that workplace on?
Oh, ok; this happened to you – no, no one wants to see sh1t that weird their first day. What was it, some kind of Weird test? Why can’t people just freakin’ be normal?
Everyone loves to watch the Office. Nobody wants to be IN the office.
I pray that any and all Black women stay the everlasting fuck away from y’all.
ETA- I didn’t know OP was the victim. OP, MAKE THEM SUFFER. I’m past done with this idea that Black women need to eat everyone else’s contempt of us.
None of that is funny, cute or ok. What the actual hell.
Man wtf?? This sounds like some nightmare tv show. Wow!! These people need all kinds of training, but a LAWSUIT first!!!
The former employee is correct to be upset. Yes, it should be taken seriously. I would have walked off the job too day one. I’m white woman, but its a clear red flag even if it is not necessarily directed at me. Even if someone may consider this a “minor joke”(which I’m not sure it would be), it would certainly make me assume there’s worse “jokes” that have not been said in front of the new hire *yet*. And the fact that HR witnessed it and did nothing- if anything inappropriate was more directed at me and I wanted to report it- why would I feel comfortable going to HR? When it’s clear the HR rep will witness inappropriate/unprofessional behavior and do nothing?
I just want to say, on a less relevant note, I can tell by your post that you’re a good writer OP, damn. You wrote this really objectively, which many would struggle with especially since it was a situation that hit close to home for you(I saw in the comments, OP is the new hire in the situation). I wish you luck with finding something better. You deserve to feel safe and respected in your work environment.
ETA: Also, sorry I can’t give any legal advice here. I believe people already mentioned contacting the EEOC, and/or a lawyer, which I believe would be the best route for advice on the situation.