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Frank, an African-American supervisor was a practical joker. One day after buying Chinese food for his staff, he sat at his desk with a Frisbee on his head and pulled his eyes back, and spoke in what he considered to be a Chinese accent. Most his employees laughed at Frank, but not Mai Lin, who was insulted. She filed a claim for racial harassment. Does it matter that Frank was just joking? |
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No it does not matter that Frank was joking. However, if this one incident was all that happened, then this is probably not racial harassment because the acts, while insensitive, do not create a hostile work environment or otherwise affect Mai Lin’s working conditions. But if these acts were part of a pervasive pattern of hostility toward Asians, then Frank’s behavior would be evidence of racial harassment.
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These gray areas need not exist in the modern workplace. If Frank worked for an organization that required workforce training and sensitivity knowledge sharing, he most likely would never have acted out in such a questionable and potentially actionable manner.
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Situations like the one illustrated above occur every day.
The training techniques, course materials and certification processes LCT offers our
customers means simply this:
now you can reach and inform employees like Frank efficiently, automatically and at a very low unit
cost --- and head-off costly legal problems before they can happen.
To learn more about how we can help your organization solve some of these problems --- before they occur --- click here.
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