What to Do If Your Employer Ignores Racial Harassment Complaints

Racial harassment in the workplace is not just unacceptable; it is illegal under both federal and Virginia state laws. Employees have the right to work in an environment free from hostility. But what happens when a racial harassment report is made, and the employer fails to act? Below, the legal team for James H Shoemaker, one of the state’s foremost employment law experts, shares what you should know to protect your rights in the workplace.

Understanding Your Rights Under the Law

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against employees based on race. This includes creating or tolerating a hostile work environment due to racial harassment. In Virginia, the Virginia Values Act (VVA) provides additional protections, making it unlawful for employers to engage in or allow harassment based on race or ethnicity. These laws require employers to investigate complaints promptly and take reasonable steps to address harassment.

Steps to Take When an Employer Fails to Respond

If an employer ignores a racial harassment complaint, it is essential to take proactive steps:

1. Document the Harassment
   • Maintain a detailed record of all incidents of harassment, including dates, times, locations, and the individuals involved.
   • Preserve any written or electronic communications related to the harassment, such as emails, messages, or memos.
2. Follow Up in Writing
   • Submit a formal written complaint to the employer or HR department, referencing the initial report and any lack of action taken.
   • Request a response within a reasonable timeframe, such as 7 to 10 business days.
3. Review Employer Policies
   • Review the company’s anti-harassment policies and procedures.
   • Verify whether the employer’s actions, or lack thereof, violate these internal guidelines.
4. File a Complaint with the Equal Employment Opportunity Commission (EEOC)
   • If the employer fails to address concerns, file a charge of discrimination with the EEOC.
   • In Virginia, employees generally have 300 days from the date of the incident to file a claim with the EEOC.
5. Consult a Racial Harassment Attorney
   • Seek legal advice from an experienced attorney who can evaluate the case, ensure compliance with deadlines, and represent interests.
   • Attorney Shoemaker can help determine whether grounds exist for a lawsuit against the employer.

How Legal Action Can Hold Employers Accountable

Employers have a legal obligation to prevent and address racial harassment. If they fail to take appropriate action after receiving a complaint, they may be held liable for creating or perpetuating a hostile work environment. Legal action can lead to remedies such as monetary compensation, reinstatement, or changes to workplace policies and practices.

Protecting the Right to a Safe Workplace

When an employer ignores racial harassment complaints, it can feel isolating and frustrating. However, employees do not have to face this challenge alone. Legal protections exist to ensure that all individuals are treated with dignity and respect.

Attorney Shoemaker has helped secure substantial settlements for employees in Newport News and Hampton, Virginia facing racial harassment. To meet with a knowledgeable attorney and discuss your options, please contact our office at 757-223-4560.