Race Harassment, the Hangman’s Noose, and a Warning for All Employers

The editor of Golfweek magazine was fired after putting a photo of a noose on the cover of the magazine’s January 2008 issue. The photo of the noose was selected to illustrate a story about the two-week suspension of a Golf Channel anchor after she used the word "lynch" in an on-air discussion about how other pros might be able to beat Tiger Woods. Sadly, the appearance of a noose is not an isolated incident. The Equal Employment Opportunity Commission (EEOC) has sued more than three dozen employers already this decade in noose cases and it has reached several major settlements with employers. The situation has become so intense that the EEOC actually refers to this as a “surge” of racial harassment cases over the past two decades, some of which involve hangman’s nooses and verbal threats of lynching. The EEOC also reports that in 2007, race harassment charges were more than double those filed during the agency’s fiscal year 1991.

In one recent case, the EEOC obtained more than $1 million for an African American who was racially harassed and choked with a noose by his coworkers in a company bathroom. Two weeks ago the EEOC reported that Henredon Furniture Industries had agreed to pay $465,000 to resolve a lawsuit brought by the agency on behalf of African American employees who alleged that they worked in a racially hostile work environment. The evidence in that case included employees making racial slurs (including the worst imaginable) and hangman’s nooses that were displayed at the plant. The company is also now subject to EEOC monitoring and reporting for the next three years.

The message is that an employer must be proactive to prevent this type of behavior and the time to act is now. An employer must make a strong statement regarding its intolerance for harassment of all kinds. This should be accomplished by providing training to employees on this issue and by adopting strict policies that contain warnings that violations may result in termination of employment. In addition, every report of harassment must be investigated immediately and thoroughly. Employees who are found to have violated the harassment policy should be dealt with appropriately and promptly.

If you would like assistance with employee training on this issue, please call your Ice Miller attorney. We can help you deliver the message clearly and in a cost-effective manner.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.