Racist Speech in the Workplace
Someone in the workplace is vocally racist. A coworker confronts this person, who responds by saying he is "entitled to free speech” and then becomes "confrontational, almost violent." A general contractor wrote about this personal dilemma to "The Ethicist", a New York Times column written by Randy Cohen. The contractor ended his letter by saying "I am all for free speech, but can’t I forbid racist speech on my job site?" Cohen responded in a column titled "Problem Hires," concluding from both an ethical and legal standpoint that the contractor should “ban racist speech on the job.” Legally, Cohen writes, “antidiscrimination law forbids your creating or allowing a hostile work environment.” Though free speech is valued in the US, and employees have the right to discuss controversial issues, the racist worker was not discussing racism, but displaying it vocally—an action that could get him fired.
- Should people be allowed to openly display their racist beliefs? Does prohibiting someone from doing so take away their right to free speech?
- Should freedom of expression have limits? If so, what should they be? What are some of the arguments against placing limitations on free speech? What might the consequences be if there is no limit to free speech?
- Cohen writes that “no employer should bar employees from discussing” controversial issues. Do you think the same rule should apply in the classroom? How can controversial issues be discussed in a way that would not defy the antidiscrimination law? Are there some issues that should not be talked about in the workplace? What about in the classroom?
- The lawyer said the contractor should “keep a written record of the offensive incidents, including the reactions of others to the remarks” in order to protect himself from a possible lawsuit. If others do not react to the racist remarks, does the contractor still have the right to fire the racist employee?
- How do you decide if something is offensive? What criteria should you use to know when a comment has crossed the line?
- Does the contractor have the power to decide what is and what is not offensive? Have you ever been in a situation where you were offended by something, but someone else was not? How could a situation or statement offend some people and not others?
- What is your responsibility when someone makes a racist comment in front of you? What should you do?
