Today’s digital world, dominated by viral videos, regularly highlights unsettling situations that unfold in public spaces such as stores or eateries. A notable incident involved a New York City attorney who berated two deli workers in Manhattan for speaking Spanish, even threatening to call immigration officials. This raises an important query: What obligation do businesses have to protect their employees from such harassment?
While this incident targeted employees based on presumed immigration status and nationality, other forms of harassment and discrimination persist in workplaces across America. Are employers obligated to avert discrimination in their establishments? Let’s explore further.
If you suspect you’ve been a victim of workplace harassment, reach out to PLBH at (800) 435-7542 to discuss potential remedies.
Discrimination in the Workplace
One common scenario of workplace discrimination involves a customer demanding not to be served by an individual of a certain race or nationality. A recent example took place in a Canadian hospital, where an irate mother insisted that only a white doctor attend to her child.
Potential Employer Responses to Harassment or Discrimination
When employers become aware of an employee suffering discrimination or harassment, they have several strategies to rectify the situation. It’s imperative for the employer to swiftly address and rectify the situation once customer-driven harassment or discrimination comes to light.
An immediate response could be to sever ties with the customer entirely. While this may not be feasible in hospitals or similar healthcare facilities, retail and restaurant businesses have the right – and the duty – to remove customers who mistreat staff.
Alternatively, if the employer learns about the incident after it has transpired, they can bar the offending customer from their establishment. In the scenario involving the deli and the attorney, for instance, the deli could announce that the attorney is no longer welcome due to his inappropriate treatment of the staff.
If the business decides it cannot risk losing the customer’s patronage or outrightly ban the customer, they may choose to monitor the customer during visits. This approach helps maintain the business relationship while addressing any objectionable behavior.
Employer Liability in the Face of Discrimination
Significantly, once the business is aware of a customer discriminating against its employees, it becomes liable for the customer’s actions. If the business takes no action, the employee might have grounds to sue the company. This likelihood increases if the business yields to the customer’s discriminatory requests, such as assigning only individuals of a particular race or nationality to serve them.
Steps to Take if You’re a Victim of Workplace Harassment
If an employee suffers discrimination and the employer retaliates against them, including possible termination, the employee might have legal recourse. If you have experienced discrimination or harassment at work and seek to understand your rights, consulting with a seasoned employment attorney can help you decide your next steps.
If a customer is treating you unfairly or harassing you at work, promptly notify your manager or human resources department. If the employer fails to take appropriate action, a competent employment attorney can assist you.
At PLBH, we strive to ensure our clients secure the best possible outcomes. Call (800) 435-7542 to schedule a consultation and learn more about how we can assist you in pursuing justice.