Select Page

Employment discrimination remains a difficult and stubborn workplace problem for both employees and employers.  Some of this wrongful conduct reminds us of terrible historical events.  For example, in one case black workers reported being compared to slaves and monkeys.  In another case, black workers complained about repetitive racial slurs, acts of intimidation, and assaults with bats.  One Florida case included complaints from black workers about a hangman’s noose, prominently displayed in the company’s stockroom where it remained for many years.  A black worker was told that the noose was used to hang blacks.

These cases, along with equally offensive acts of sexual harassment, remind us that American workers retain a strong taste for discrimination.  Discrimination is occurring at every level, from the shop floor to the boardroom.  Despite the extensive array of laws prohibiting discriminatory employment practices, discrimination remains a fixture in the workplace.  This reality humiliates employee victims and exposes employers to liability.  This liability, in part, forces employers to consider ways of limiting discriminatory behavior in the workplace.  Many employers have decided that the costs and harm associated with discrimination can be controlled by zero tolerance rules. Along with these rules, employers often provide education and training about Title VII of the Civil Rights Act of 1964 (Title VII), and the employer’s expectations with respect to workplace behavior.  Employers often discharge violators of zero tolerance rules on the first offense. . . .