It is illegal under both Illinois and federal law to harass or discriminate against someone because of their race, ethnicity, or national origin. Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1991, and the Illinois Human Rights Act all prohibit this sort of harassment and discrimination. Our office represents clients who have been harassed due to their minority status. We advise our clients on their rights, strategies for resolving their issues internally and, when appropriate, take the appropriate legal action on their behalf.
What Sort of Conduct May Be Illegal?
- Racial slurs, directed at you, or another person of your race, which you heard, or heard repeated. Racial slurs are offensive words used to describe persons of a race, a particular color, country, or faith.
- Racial jokes that portray persons of your race, color, faith, or country in a negative way may be illegal. The fact that someone is joking does not make their conduct acceptable.
- Racial cartoons, which portray persons of your race, color, faith, or country in a negative way, may be illegal.
- Offensive symbols, such as a noose, the Confederate flag, Klu Klux Klan (KKK) hats or robes, Nazi paraphernalia, and other symbols of racist beliefs, are almost always illegal in the workplace.
What Should You Do if You are Experiencing Racial Harassment?
- Make sure your harasser knows that you find it offensive and raise the issue in writing to your superiors and human resources.
- Preserve evidence: racial comments are often texted or emailed. Save them. Take a photo with your cell phone of offensive postings. Ask your coworkers for signed statements; once you make a complaint, they will be too scared. DO NOT SECRETLY RECORD ANYONE – IT IS AGAINST THE LAW IN ILLINOIS TO DO SO.
- If management has been aware of the harassment and allowed it to continue, often those who complain suffer retaliation. Even when management is unaware, speak to an attorney before you complain. An attorney can help you collect evidence, which will give you the option of making a formal complaint, or when appropriate, going to court.
