LABOUR LAW

Labour Law

Labor Law

Introduction

There is no hard and fast definition of racial harassment. It is a general term covering a wide range of unacceptable and often unlawful behaviour. Racism has been around for thousands of years. In today's society where differences between people are magnified and everyone is discussing diversity, tensions between different groups are remarkably high. But there are other, subtler forms of harassment that are equally distressing and that can create an intimidating and unpleasant atmosphere at work: racist 'jokes', banter, insults, taunts, gibes, literature and graffiti; shunning people because of their race, colour, nationality or ethnic background; excluding them from conversations; making racist insinuations; being condescending or deprecating about the way they dress or speak; picking on them unnecessarily; and so on. 

Discussion

Racial harassment at work can be a nightmare for those who are its victims. Spending seven hours a day, five days a week, in a state of permanent anxiety can destroy someone's self-confidence, their powers of concentration, their health, their peace of mind and their trust in the people they work with(Hoel Cooper 2000). Racial harassment also has damaging consequences for the organization as a whole. It sows divisions and poisons the atmosphere for everyone. As the Institute of Personnel Directors' statement on Harassment at Work warns(Ayoko Callan Härtel 2003 pp. 283, 19.): No employer should underestimate the damage, tension and conflict within the workplace which harassment creates. The result is not just poor morale but higher staff turnover, reduced productivity, lower efficiency and divided teams. Although the effects may be difficult to quantify, this will eventually show through in the performance of the organisation. Recent research by Smith (2002 pp.509-42) shows that tribunal proceedings in sex and racial discrimination cases in 1990-91 cost employers in Great Britain £5 million. That was when there was an upper limit to the compensation that tribunals could award to successful applicants. As a result of the decision of the European Court of Justice in a gender case, the Order has no such ceiling. Bearing in mind that investigations will take full account of the possibility of a racist dimension within incidents, both explicit and covert racist behavior must be dealt with in accordance with the definition of a racist incident. Because of the complexity of racist behavior consideration must be given to both the motivation and the expression of behavior that is potentially racist. The following types of incidents provide examples of behavior that is of a racist nature(Ayoko Callan Härtel 2003 pp. 283, 19.):-

Physical assault against a person or group because of their color, race and/or ethnicity.

Derogatory name-calling, insults, racist jokes and language.

Racist graffiti.

Provocative behavior such as wearing racist badges or insignia.

Displaying of racist material such as leaflets, and publications.

Verbal racist abuse and threats.

Incitement of others to behave in a racist manner.

Racist comments in the course of discussions.

Attempts to recruit people to racist organizations and groups.

Ridicule of an individual for cultural difference e.g. food, music, dress, lifestyle etc.

Refusal to co-operate with a person because of their ethnic origins.

Refusal to include a person because of their ethnicity.

Bullying

Racially motivated behavior, which interferes with job performance, undermines job security, or creates a threatening/intimidating ...