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How to handle an employee making racist comments

Even with strong policies and training, employers may need to respond to allegations of racist comments at work; this How To outlines the steps for addressing such conduct appropriately.

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by Lisa Pierson Weinberger, Mom, Esq.

Every employer should take the necessary steps to ensure that its workplace is free from inappropriate racial remarks. To that end, employers are advised to prepare written policies prohibiting racial discrimination and harassment, conduct training programs, and investigate complaints promptly and thoroughly. However, despite these efforts, employers may still be faced with a situation where an employee or supervisor is accused of making racist comments in the workplace. The steps below explain how an employer should respond when it is concerned that an employee has engaged in such conduct.

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  • Step 1: Determine what comments have been made
  • Step 2: Conduct an investigation if necessary
  • Step 3: Reach conclusions and write report

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About the author

Lisa Pierson Weinberger

Lisa Pierson Weinberger is the owner of an employment law practice working with families, employees, and small businesses. Ms. Weinberger advises on maternity leave benefits, reinstatement rights, and the proper employment of domestic employees (including work related to the hiring process, background and drug checks, and termination).

Ms. Weinberger has extensive experience counseling employers on many aspects of California and federal employment law, including the classification of exempt and non-exempt employees, confidentiality and trade secret issues, and leaves of absence. She has also drafted customized personnel policies and other employment-related agreements for clients, led training sessions to help minimize employment liability, conducted investigations of employee complaints regarding discrimination, and represented employers in litigation before state courts and administrative agencies in a broad range of matters. Ms. Weinberger received her BA in Psychology from Washington University and her JD from UCLA.

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