What To Do

Fernandez says operators must have a clear zero-tolerance policy on bullying because that’s how race-on-race harassment starts. But it’s a lot more complicated than that. Fernandez says employers have to make an effort to navigate language and class barriers, as well as find out who the peacemakers are in the group. In some racial groups, there is a pecking order, particularly among Hispanics who might condescend based on the length of time a person has been in the U.S., which is sometimes seen as a status symbol.

“If you don’t understand the language, all of this could be going on and you’re unaware of it,” Fernandez says. “If you don’t speak the language, you’ve got to have somebody who’s bilingual who can speak the language. You’ve got to make it crystal clear to them that our culture is not going to tolerate this classism, sexism, and racism. If the company sets up standards that there’s zero tolerance around that, they figure it out.”

Hill attributes part of the divide among African Americans to entertainment and music, which have been depicting black women unfavorably for so long that she says it’s normalizing the mistreatment of black women in popular culture.

In most cases of race-on-race harassment, the victims are reluctant to voice complaints for fear of being harshly judged, much like Hill was after writing her column, or, in the case of the Hispanic community, of facing deportation or immigration issues. According to Fernandez, undocumented workers are ripe for exploitation.

But when victims fail to report race-on-race harassment, everyone loses. Not only are operators vulnerable to legal action, but they’re likely to lose good workers.

“We’re not taught to talk about race and culture. We don’t do it well. We don’t like to do it,” Fernandez says. “We’re going to have to get more savvy on cultural communications, cultural competencies, and understanding nuances. If we don’t do that well, we’re going to lose the talent war. They’ll go to other industries who manage the conflict better.”

In addition to adopting a no-tolerance policy for harassment and familiarizing yourself with the nuances of employee relations, Van Kerckhove says it’s also important to encourage employees to report or discuss anything work-related that’s bothering them.

Not only can you feel good about these responses, they will also give you a strong leg to stand on in the event of legal action. The Supreme Court has ruled that if a company can show it has taken measures to educate and train employees, as well as encourage reporting, that company can establish an “affirmative defense” in the event of legal action.

In other words, you did all you could do to prevent the harassment and encourage disclosure. Now, some of the burden is placed back on the employee to report it.