Legal Question in Discrimination Law in Illinois
We have a black office manager at work. Yesterday the black office manager a white -ex marine - human resource manager and a warehouse manager were joking around. The warehouse manager called the black office manager a "brotha" and the HR guy said "yea bla bla bla nigga" The next day the black office manger made a verbal complaint.
When the HR heard the complaint he sent an email to the black guy and said "what are you talking about? we were joking, I should punch you in the face!"
They all made up but the question is not raised - which is worse? calling someone a nigga or telling them you feel like punching them in the face? As the company owner do I have a bigger problem here on my hands.
1 Answer from Attorneys
Yes it sounds like you do have a bigger problem. There is such a thing as a "hostile work environment". This was the HR "guy" using the word "nigga" and then threatening physical violence -- as a joke?????? There are missing facts but if you have an HR deparment at all even if it is one person, you must have some employee manual, guidelines, disciplinary practice rules, no? Frankly I don't care how "rough and tumble" your business may be; no HR person should be conducting him or herself in this manner as a joke or otherwise. HR represents ownership in all of its legal ramifications. If these are union employees, you should consider contacting the union for help. If your business tends to rely on less polished individuals, then some training may be mandated. You should consider consulting with an employment lawyer who represents management about the possibility of an employee manual, contacting the EEOC about outreach, some training for your so-called HR "guy" or outright discipline after looking at all the facts.
http://eeoc.gov/laws/types/race_color.cfm
http://eeoc.gov/laws/practices/index.cfm
http://eeoc.gov/eeoc/outreach/index.cfm