You are at the social hour of a business function and during the cocktail hour, and another sales professional takes an opportunity to give you, your manager, and the other individuals in your conversation group his “two cents”:

“I believe that this thing with Black athletes in the NBA is sickening. They are selfish, tattooed animals that make money from bouncing a ball and shooting it into a basket.”

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You might not even like the NBA, but you immediately feel your temperature increasing because it was an overtly racist statement.  Statements like this do happen, and are not only offensive but also very revealing about the one who speaks them.

How should you react?  What actions should you take?  Are you in jeopardy when you make a complaint?  We will examine these issues in this post as you have probably heard comments that are offensive more than once.

Measured Reactions When it Comes from “the Side”

What do you do when these comments come from a coworker?  That is why I am referring to it as “the side” as opposed to “from the top” which would be management.

This may sound like a pretty simple question, yet it should be discussed.  Above is an example of an overt racist comment.  He specifically noted Black NBA athletes in his comments, and made a blanket statement about a league which is approximately 80% to 82% Black with an average annual income of $2.4M.  Regardless of his reasoning, he said it.  Additionally, whether he was right or wrong, the statement should not have been made.

Statements like this are “baiting” and designed to get you to move to the defense. In some situations they are clear indications that they forgot who was in the audience.  I aver that regardless of the reason, our response should be a simple and demonstrative as what I will describe shortly.

I certainly believe that any comment that disparages race, ethnicity, gender, sexual orientation, or religion affiliation should be met with an immediate response.  Whether they are veiled or not, you have the right to remove yourself from that conversation, and by doing so you will send a clear signal to the individual and the rest of the group that you are a professional.

At the first utterance, my suggestion is to not legitimize the comment by engaging in conversation or argument.  Comments like this are offensive and designed to get a reaction.   Having a discussion or even a moment of argument about it gives them what they want.  Even if you are incensed, I urge you not to legitimize it, but to take the following actions after the comment:

Think about the comment briefly and if it is racist, or darn close to it then I suggest you state one of the following, or something you have crafted for this type of occasion:

• “I have no desire to discuss this issue”, then exit the conversation.
• “I will not legitimize your comments with discussion or my presence”, then exit the conversation.
• “I am as surprised that you have views like that and even more surprised that you would be insensitive enough to state them.  You will excuse me?”

Everyone in the group will know why you exited the conversation.  As a matter of fact this will give you a good chance to see how many of those individuals you work, including those you consider friends, have the intestinal fortitude (guts) to do the same thing.  These types of comments have no place in a work setting, and you cannot be selective about which ones to listen to, they need to all be met with the same response.

When someone makes comments like this in your presence, you can imagine what they say when you are not present.  Remember, you probably have the right to “go off” about the issue.  The problem is that you don’t want to give someone the power to be able to “push that button. “   They have shown their ignorance; now your demonstration of the fact that you will not listen to that garbage puts that individual’s action, as well as the actions of others that you work with in the spotlight.  Will they listen to these disparaging comments?  Will they partake of this type of racism (or sexism, or religious intolerance)?

If It Happens Again…

You must remember that everyone that you work with is not your friend.  You should show respect initially, yet that can change if they continually abuse it.  Note that if there is a second instance, then a discussion with Human Resources should be the action taken.

Any discussion with HR should be factual and clearly state the your objection to the comments as well as who was present as witness to the comments.   This is not “tattling” it is working to correct a wrong.  We know that sales people sometimes push the “envelope” in their comments and views.  Regardless, this type of scenario is unacceptable.  It should be clearly discussed that this is not the first time, and the date and time, and witnesses to the initial comment.  If you are truthful about what has happened you should not create any jeopardy for your job in this action.

I have seen jobs endangered, and terminated for comments that disparage racial groups, genders, and other items.  Your comfort should come in that you had the courage to speak up because chances are this is not the first time that a disparaging comment was made.

We appreciate your comments, I can be reached at Michael.Parker@BlackSalesJournal.com.

Fact: Only a small percentage of ‘situations’ involving discrimination end up needing court or government intervention, and that is the way it should be.

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As a matter of fact, you should realize that once items are forced into the ‘light’ of conversation, they are usually worked out, even if they are not totally agreed upon.  Employment grievances need to be dealt with correctly for an organization to maintain positive momentum.  How they are handled is evidence of the quality and commitment to fairness of an organization.

I am a believer that employment grievances must be ‘nipped in the bud’, or in other words, handled early and professionally.  If you are an employee who feels as if you are being discriminated against, you need to be prepared to detail your claims and concerns to your manager (See Black Sales Journal 3/3/2011 – When You Feel Screwed, What Do You Do?).  You should record in writing your concerns and your complaints for your own review.  Reducing concerns to writing is always a good practice.  You should not have to convince yourself that your claim is real as it should be evident.

The next important step is to seek counsel from a mentor or confidant for the sake of objectivity.  This gives you an opportunity to review with someone who is not emotional about the issue.  It is important for you to have that outside, objective view, as your objective is to make sure that you have a legitimate and substantiated complaint.  Your credibility is important, and this is just a first step.

Now the interesting part is that managers should do something similar with actions that they take.  Managers should consult colleagues as well as the human resources department regarding actions that may result in potential claims.  With the right amount of scrutiny, you end up with any decisions and actions that are markedly wrong being reviewed and cast correctly.  It is just that simple.  The exceptions to this are small firms without an HR department and those that have no systematic review.

The Equalizer

When discrimination happens, the federal government has put into place an ‘equalizer’ that can help to solve problems.  This process is not a lawsuit.  What they have put into place is an inexpensive way to challenge and be heard on issues involving racial discrimination.

The equalizers are the Equal Employment Opportunity (EEOC) laws.  These laws make it illegal for employers to discriminate against an employee or potential employee in certain workplaces.

The Equal Employment Opportunity Commission (EEOC) is a federal agency that was created by the Civil Rights Act of 1964.  This agency that is charged with the responsibility to “promote equal opportunity in employment through administrative and judicial enforcement of the civil rights laws and through education and technical assistance.”

There can be variance in some state laws, but federal laws prohibit discrimination in employment for the following:

• Race
• Age
• Disability
• Sex or Gender
• Sexual Harassment
• Religion
• National Origin

That means using it after all other options have been exhausted including discussions with your manager and certainly with your human resources department.  There are many that are concerned about making those contacts, yet for something as important as your employment future, you need to be looking the people that affect you face-to-face.  There is no benefit to ‘guerilla’ ambushing your employer in this situation, you should have your discussions about the types of items described in Black Sales Journal 12/30/2010 – Preference, Perceptions, Prejudice and Your Employer.    Your manager needs to understand your concerns if you are aggrieved, and the first question that HR would have for you is, “Did you discuss this with your manager?”

Don’t be intimidated, have the discussion and once complete, reduce to writing in journal form the content of the discussion.  Do not rely on your memory.

For the Price Of A Stamp

Filing an EEOC claim is inexpensive in terms of cost, as it used to be the price of a stamp.  Note that if you are planning to file an EEOC complaint, you should use it wisely.  I would suggest to you need legal counsel and patience.  There can be monetary awards if they are warranted, but the process is not easy, and you should avoid any abuse at all costs.

If you have a claim, it should be evident to you and to those you discuss it with, including your counsel.  This is not the place to play out a vendetta or grudge, but if you are aggrieved, it is the way to go after you have the discussion noted above.

There are time lines with the typical deadline to file a complaint with the EEOC being 180 days from the act of discrimination.  If a state or local law applies to the same act, the deadline can be extended to up to 300 days.

The formal EEOC complaint can be filed at one of the field offices across the country (there are 53 field offices) or you can file by mail with a signed letter.

The EEOC does not accept claims on-line, but does have an online assessment tool that will help you determine whether you have a claim.

Use this information if you have good reason to, and remember that it is not what you know but what you can prove.  Have your ducks in line, or forego the process until you do have them in line.

Always be the professional.

Your comments are welcome. You can reach me at Michael.Parker@BlackSalesJournal.com.