Conflict Matters
By Cecil Norman, B.Sc. M.A.

Racial Slurs and Harassment and Racial Jokes

Harassment is a form of discrimination under the Ontario Human Rights Code. If someone is making unwelcome comments that offend you, or that are threatening or insulting because of your race, colour, place of origin, ethnic origin or ancestry, sex, creed, age, sexual orientation, etc., then that behaviour is harassment.

Racial harassment means someone is bothering you, threatening you or treating you unfairly because of your race, colour, ancestry or ethnic background. Racial harassment may also be based on your place of origin – where you were born or lived before moving to Ontario, or it may be based on your creed – religious belief or citizenship.

In Ontario, it is against the law for anyone to harass you, insult you or treat you unfairly for any of these reasons. Racial harassment is discrimination and it is illegal.

Racial harassment can happen when someone makes racial slurs or jokes, ridicules or insults you, displays cartoons or pictures degrading members of a particular racial group or religion; or calls you names because of your race, colour, citizenship, place of origin, ancestry, creed or ethnic background.

Racial harassment can also happen when someone at work makes jokes about your race or colour. Even if they are made in fun, such jokes or insulting remarks can offend you and others. The person should know that you do not want or welcome such jokes or remarks.

When you tell that person that you do not like or want to hear the jokes or remarks, he or she must stop the behaviour. Even if it is not possible for you to tell the person to stop, the racial jokes or slurs may still be a form of racial harassment.

Racial slurs and harassment and racial jokes are against the law. Racial harassment can affect the places where you work. It can poison your work environment. The person harassing you is doing a wrong thing. It is that person’s behaviour that must change, not yours.

Racial slurs or jokes, even when they are not directed towards you or a specific employee, can also poison the work environment for you. The insults are wrong and hurtful, even if you or members of the insulted group are not there to hear them. A poisoned work environment is a form of racial harassment and is against the law.

The Human Rights Code protects you from racial harassment or discrimination in the workplace. If you feel you have been harassed because of your race, colour, citizenship, place of origin, ancestry ethnic background by your employer or another employee, you should try to tell that person to stop. Speak to the person’s boss or tell your union representative if you belong to a union. If the situation is not resolved, you can file an Application with the Human Rights Tribunal of Ontario. If your employer is federally regulated you can file a complaint with the Canadian Human Rights Commission.

Under the Human Rights Code, employers are responsible for making sure that racial harassment does not occur in their workplaces.

Employers can do many things to prevent racial slurs or harassment in the workplace, including: developing an easy-to-understand policy on racial harassment and posting it in places where everyone can see it, providing all employees and managers with a copy of the company’s policy on racial harassment, using the company’s newsletters to make sure every employee is aware of the company’s policy on racial harassment, posting the Ontario Human Rights Code cards on company’s notice boards, providing management and union representatives with ongoing anti-discrimination and anti-harassment training and what to do if racial harassment happens, taking a strong position by letting all employees know that racial slurs, jokes or harassment will not be tolerated in the workplace, indicating that anyone who harasses or discriminates against another person because of his or her race, colour, citizenship, place of origin, ancestry, ethnic background or creed will be disciplined up to and including termination from employment, and setting up a conflict resolution system in the workplace to deal with complaints about racial harassment and other related concerns.

Cecil Norman specializes in human rights and conflict resolution in the workplace. Cecil’s column on Conflict Matters appears monthly. You may reach him directly at his practice, Human Rights Advisory Services. Email: cnorman@hras.ca

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