Iowa And Nebraska Racial Harassment Lawyers Ready To Fight For You At Trial
At Fiedler Law Firm, P.L.C., our advice in harassment cases is always to save evidence. Although your natural instinct may be to tear up a written “joke” or throw a rope/noose straight into the garbage, the best thing you can do to hold people accountable is to keep your cool and hold onto such items. You may also want to take photographs when appropriate.
Then, complain to your employer about the harassment and keep complaining – even if it doesn’t seem to be doing any good. Complain to your supervisor, your supervisor’s boss, to human resources, and to any corporate hotline. Reports and complaints in writing are best. Email is particularly good because then you’ll have a record of the dates and times you complained. Make copies of your complaints and keep them at home.
If you need support during or after the completion of these steps, contact our skilled legal team to learn how we can help. Unlike many other employment law firms throughout the region, we will not hesitate to take your case to trial if doing so is in your best interests.
Examples Of Racial Harassment
Most people know racial harassment when they see it. In case you need some guidance, however, the following would be considered illegal acts of harassment:
- Negative comments, slurs, images, or jokes regarding people of a certain race or color
- Isolating, threatening or shunning a person based on race
- Racist graffiti or memes, hanging nooses or other physical symbols of hate
As mentioned above, it is critical to gather evidence to support your claim. This could include physical evidence as well as witness statements.
Common Racial Harassment Scenarios And Legal Analysis
The scenarios described below are similar to those our attorneys hear about nearly every day. We’ve also included how our attorneys would typically respond to potential clients discussing these circumstances.
Scenario one: “There’s a white person at work who sings along to rap music on his headphones. He often says the N-word and I’m sick of it. What should I do?”
Attorney response: Complain to your supervisor and/or human resources. No one should have to hear that word at work.
Scenario two: “I’m a Latina who was born in Iowa. A group of coworkers keeps telling me that Trump is going to deport me and my family. They pretend to call ICE and think it’s a big joke. My supervisor sees what’s going on, but she thinks it’s funny, too. How can I get them to leave me alone?”
Attorney response: You need to report it to human resources, to any corporate hotlines, and to your supervisor’s boss. If they don’t stop or if they retaliate, you need to talk to a lawyer. We can help.
Scenario three: “I am uncomfortable with the atmosphere in my office. Coworkers have asked if they can touch my hair, and demand that I personally justify tweets sent by a civil rights leader. One of them has a “Blue Lives Matter” poster on the wall, even though she knows my son was beaten up by the police just for being black. HR said I was being too sensitive and that they couldn’t investigate a racial harassment complaint unless I had evidence that someone was using racial slurs. Is that right?”
Attorney response: No. Today, most people understand it is no longer acceptable to use racial slurs at work, but that doesn’t mean negative views toward African Americans don’t exist or that those views don’t reveal themselves in other behavior. Whether there is enough evidence to win a racial harassment case depends on the circumstances, how often comments were made, whether supervisors participated in the conduct, or even on people’s tone of voice. HR should definitely investigate and make sure the behavior stops.
What Is The Definition Of Racial Harassment?
Racial harassment is when someone treats you badly or unfairly because of your race, skin color, or ethnic background. It might include offensive jokes, remarks, or actions that make you feel uncomfortable, scared or otherwise unwelcome.
In the workplace, racial harassment is illegal under Iowa, Nebraska and federal law. If you feel you’re being harassed because of your race, it’s important to know that you have rights and there are steps you can take to address this issue. Remember, you are not alone. It’s okay to seek help and talk to a lawyer who understands these laws and can guide you on what to do next.
Speak To An Experienced Employment Lawyer About Your Rights And Legal Options
From our offices in Johnston, Iowa, and Omaha, Nebraska, Fiedler Law Firm serves clients throughout both states. To schedule your initial consultation, give us a call at our Johnston, Iowa office at 515-303-8210, or call our Omaha, Nebraska office at 402-281-3501. You can also reach us by submitting an online contact form.