Investigating Racial Microaggression in the Workplace

Author: Natasha Jategaonkar, Jennifer D. Wiegele, and Eric Kroshus
Current to: November 2021

As part of CLEBC Online Course Materials, your latest Practice Point is “Investigating Racial Microaggression in the Workplace.”

This paper was originally prepared for CLEBC’s Human Rights Law Conference 2021 by authors Natasha Jategaonkar and Jennifer D. Wiegele (both of Mathews, Dinsdale & Clark LLP), along with the assistance of Eric Kroshus (also of Mathews Dinsdale & Clark LLP).

With research showing that racial microaggression may impede employees’ progress and participation at work, this paper examines the small but growing body of case law considering complaints of racial microaggression in the workplace and provides recommendations for those tasked with investigating such allegations.

The authors consider the specific problems associated with a category of conduct described as ‘unconscious’ or ‘unintentional’ that may still have an impact on the workplace. Finally, they reflect on how workplace standards related to racial discrimination have evolved over time and may continue to change.

 

 

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