South Carolina’s Lawyer for Racial Harassment

No one should have to endure racist comments, slurs, jokes, or intimidation just to earn a paycheck.

Unfortunately, racial harassment remains a serious problem in workplaces across South Carolina. Some employees are subjected to repeated racial slurs by coworkers. Others are mocked because of their race, hear offensive jokes in the workplace, or work in an environment where racist behavior is tolerated by management. Too often, employees report the conduct to Human Resources only to find themselves ignored—or worse, retaliated against.

If you are experiencing racial harassment at work, you may have legal rights under federal law, including Title VII of the Civil Rights Act and 42 U.S.C. Section 1981.

At Summerlin Law, I represent employees throughout South Carolina who have been subjected to racial harassment, race discrimination, and retaliation. If you believe your employer allowed a hostile work environment because of your race, I can help you understand your options.

What Is Racial Harassment?

Racial harassment is a form of unlawful race discrimination. It occurs when an employee is subjected to unwelcome conduct because of race that is so severe or pervasive that it changes the conditions of employment and creates a hostile work environment.

Racial harassment can include:

• Racial slurs or epithets, such as the n-word.
• Racist jokes or so-called “offhand” comments.
• Offensive stereotypes.
• Mocking an employee’s appearance, speech, or cultural background.
• Displaying racist images, symbols, or messages.
• Threats or intimidation based on race, including the display of a noose.
• Repeated comments that make an employee feel unwelcome because of their race.

Not every offensive comment violates the law. But when the conduct becomes frequent, serious, or is ignored by management, it may cross the line into unlawful harassment.

Racial harassment does not have to come from your supervisor. It may come from co-workers, customers, vendors, or even subordinates. If your employer knows—or should know—about the harassment and fails to take reasonable steps to stop it, the company itself may be liable.

A Hostile Work Environment Doesn’t Have to Be Constant

Many employees assume they have to hear racial slurs every day before they have a legal claim.

That is not necessarily true.

Courts look at the entire work environment, including how often the conduct occurred, how serious it was, whether it was physically threatening or humiliating, whether it interfered with the employee’s ability to do their job, and how the employer responded after learning about it. [Read More: A Racially Hostile Work Environment for SC Employees]

Sometimes a workplace becomes hostile because of repeated racist jokes over months or years. In other cases, a handful of particularly severe incidents–or even one–may be enough, such as being called the n-word or other racial slur.

Every case depends on its specific facts. There is no magic number of offensive comments required before the law protects you. Every case depends on its own facts, which is why it is important to speak with an employment lawyer rather than assuming you “don’t have enough.”

The status of the harasser matters as well, whether it be your manager who is doing the harassing or if it is a co-worker. [Read more: Harassment by a Manager Versus by a Co-Worker]

What Should I Do If I’m Being Racially Harassed?

If you believe you are being harassed because of your race, try to document what is happening.

Keep a record of the dates, who was involved, what was said, and whether anyone witnessed the conduct. Save emails, text messages, or other communications whenever possible. If you make any reports or complaints to management or HR, you should make those complaints in writing (and keep a copy of the email or text) so the company cannot later deny you made any complaints.

Many employers have policies requiring employees to report harassment to Human Resources or management. While every situation is different, reporting the conduct often gives the employer an opportunity to correct the problem—and creates an important record if it does not.

Before resigning from your job, it is often wise to speak with an employment lawyer. Quitting can affect your legal claims, and many employees leave without realizing they had other options.

Retaliation Is Illegal

One of the most common patterns I see is that the harassment is followed by retaliation.

After reporting racist comments or a hostile work environment, an employee suddenly begins receiving disciplinary write-ups, poor performance reviews, reduced hours, or termination.

Federal law protects employees who make good-faith complaints about racial harassment or race discrimination. An employer cannot lawfully punish you simply because you reported unlawful conduct or participated in an investigation. In my experience, retaliation claims are often easier to prove than the underlying harassment itself because the timing tells the story.

If your treatment changed after making a complaint, you may have both a racial harassment claim and a retaliation claim. [Read More: What is Unlawful Retaliation for South Carolina Employees?]

Damages for Racial Harassment Claims

The law provides a remedy to employees who have been racially harassed and retaliated against. Depending on the facts, employees may recover lost wages and benefits, compensation for emotional distress, punitive damages in appropriate cases, and attorney’s fees authorized by law.

South Carolina juries take racial harassment cases seriously. One recent case in South Carolina resulted in a multimillion dollar verdict. [Read More: Florence Jury Awards $3 Million in South Carolina Racial Harassment Case] Of course, not every claim is worth that amount, but South Carolina juries–as the conscience of our communities–have stood up against companies that engage in or permit racial harassment in the workforce.

Why Choose Summerlin Law for a Racial Harassment Claim?

Employment law is all I do.

I represent employees—not employers—in discrimination, harassment, hostile work environment, and retaliation cases throughout South Carolina. I understand how employers investigate complaints, the defenses they raise, and the evidence that often determines whether a case succeeds.

When you contact my office, you’ll receive an honest assessment of your situation. If I believe you have a strong claim, I’ll explain why. If there are challenges, I’ll explain those too.

Speak With a South Carolina Racial Harassment Lawyer

You should not have to tolerate racist behavior simply because you need your job.

If you believe you have been subjected to racial harassment, a hostile work environment, or retaliation for reporting discrimination, contact Summerlin Law to discuss your situation. An early consultation can help protect your rights, preserve important evidence, and ensure you do not miss important legal deadlines. You can call my office at (864) 278-5389 or reach me via the Contact Page.