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Security Aspects of Racial Harassment and Graffiti in the Workplace

by Ralph Witherspoon, CPP, CSC

In the United States racial discrimination has been prohibited for decades by federal and state laws. Yet it continues, and periodically state and federal Equal Employment Opportunity Commissions bring lawsuits against companies that practice or condone such discrimination against their present, recent or potential employees.

A related practice, which sometimes results in EEOC charges against employers for permitting and/or maintaining a “hostile work environment,” is racial harassment or threats. This often involves periodic or ongoing harassment of minority employees by other employees, management, or non-employees such as vendors, contractors, etc., over whom management can exercise control while they are on the work site.

It is important to remember that harassment is usually defined through the eyes of the person(s) claiming harassment.

The EEOC has defined that conduct as “Racial harassment is a form of race discrimination which includes racial jokes, ethnic slurs, offensive or derogatory comments, or other verbal or physical conduct based on an individual’s race or color. Such conduct may create an intimidating, hostile, or offensive working environment, or interfere with the individual’s work performance, in violation of Title VII of the Civil Rights Act of 1964”.

To sustain an EEOC complaint, the conduct must be (1) unwelcome, and (2) severe or pervasive. The more severe the harassment, the less pervasive it must be, and vice versa. Conduct such as hanging nooses or burning crosses, direct threats or intimidation, or graffiti involving racial or ethnic-origin slurs, or references to the KKK, have all been found, individually or in concert, to create a “hostile environment.”

When such conduct comes to the attention of management it is often referred to Human Resources (HR) to handle because that department or function deals with employees and with labor relations. In some cases HR may also be charged with handling EEOC matters for the company. When a single complaint or incident has been brought to management’s attention, this may be sufficient.

If, however, there has been a history of such complaints or information about such activities during the preceding few years, management may want to consider retaining a professional security consultant who has experience with such issues. HR personnel often have limited experience in conducting investigations of this nature, and the scope or nature of the problem at a given workplace may be beyond HR’s capability to handle the situation in a timely and effective manner.

Professional security consultants with this type experience often can identify professional investigators/interviewers and oversee their investigation or management may be put in the hands of legal counsel. Also, such consultants can identify and recommend security equipment and measures that will assist with the investigation, and/or assist in deterring such unwanted activity in the future.

 

Readers desiring additional information on these or related subjects should contact a qualified professional security consultant and/or their attorney.

 

 

Disclaimer:

Based on what the author believes are generally accepted security principles as of the date of its writing, and on data gathered from what are believed to be reliable sources, this article is written for general information purposes only and is not intended to be, and should not be used as, a primary source for making security decisions. Each situation is or can be unique. The author is not an attorney, is not engaged in the practice of law, and is not rendering legal advice. Readers requiring advice about specific security problems or concerns should consult directly with a security professional. The author of this article shall have no liability to any person or entity with respect to any loss, liability, or damage alleged to have been caused by the use or application of any information in this article, nor information contained on this or any linked or related web site.

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