What’s the best way to stop microaggression at work – before it rises to the level of harassment?
Quick Answer
Train managers and supervisors to recognize microaggressions and to address them quickly with the perpetrator if they occur in the workplace.
Legal Perspective
FordHarrison
Tampa, Florida
The answer can be summed up in two words – education and action. HR professionals and other company leaders should educate themselves about microaggressions and take action to challenge and stop microaggressions when they see them, say employment law attorneys Emily Chase-Sosnoff and Dawn Siler-Nixon.
One effective strategy for challenging microaggressions is to ask the perpetrator what they meant by their comment. For example, ask: “Why did you compliment her for speaking English well?” or “Could you explain what you meant when you said that you don’t support diversity initiatives because the most qualified person should get the job?”
Sometimes, forcing an individual to confront the thought process behind their comment is enough to make them realize that their statement was misguided or offensive.
Open communication is key to disarming microaggressions because employees may become embarrassed or defensive when confronted. Leaders may find it helpful to explain why the employee’s actions were unacceptable while also recognizing that it was not their intent to offend. Although these conversations may be uncomfortable, they can ultimately lead to a more inclusive, engaged, and committed workforce. Being proactive about stopping microaggressions is not only a good idea for preventing legal claims, it is also an investment in employee satisfaction and success.
Many people commit microaggressions without intending to offend — or even in a misguided attempt to compliment someone. This fact demonstrates why education is critical. Employers should consider hosting learning sessions to help employees recognize and avoid microaggressions, and to encourage bystanders to challenge microaggressions they may witness in the workplace.
Employers should also ensure they have a solid equal employment opportunity policy and a procedure for employees to report any concerns. This will help show the employer’s commitment to equal opportunity and ensure that microaggressions are promptly addressed.
Relevant Case Law
de Souza v. Planned Parenthood Federation of America, Inc.
Howard v. Blue Ridge Health Dist.
Dubie v. Buffalo Concrete Accessories, Inc.
HR Insight
Candle Warmers Etc.
West Jordan, Utah
The best way to stop microaggression at work is to address it immediately by asking the individual to clarify their comment. Let the person know that the comment caused hurt feelings or offended someone and explain why.
Most people are well-intentioned and just need education on what microaggression is.
Maverick Gaming
Kirkland, Washington
Training managers on how to handle it in the moment and how to address it quickly and consistently. Provide additional training to all employees.
Talk about it and define it, so people understand what exactly microaggression is as I have found many don’t realize they are even doing it and have never been called out on it.
Project Management Institute
Newtown Square, Pennsylvania
First, the companies must make sure that the employees are trained to identify microaggression. Awareness is one of the ways to reduce or eliminate microaggression in the workplace.
Second, the employer must consistently offer training that could help employees. The culture of “if you see something, say something” helps HR detect undesirable behavior and work with employees to stop it.
Warning and discharge are the final stages if the behavior persists.
The Cost of Noncompliance
Fired after complaining about microaggressions, ex-employee receives $1.1M to settle lawsuit
Who was involved: Manchester Community College and a female Campus CEO who was fired after complaining about microaggressions.
What happened: In the lawsuit, the former employee said that she had problems with her supervisor from the start. He allegedly committed several gender-based microaggressions, such as criticizing the tone of her voice and describing her as “off-putting.” She also claimed the supervisor made sexist remarks about a highly qualified female candidate, criticizing her for “talking too much” during the interview. When the employee brought up her concerns about the repeated microaggressions that sounded like sexism to the manager, he allegedly “threatened her job security.” Shortly afterward, she was terminated. Then she filed a multi-claim lawsuit.
Result: To settle the lawsuit, the employer agreed to stipulations worth more than $1.1 million in compensation and benefits as well as other relief, including:
- Reversing the termination and reinstating the employee to her position as the Campus CEO.
- Paying a total of $775,000 to the employee and her attorneys for damages and attorneys’ fees.
- Guaranteeing the employee will receive 12 months’ notice with pay if the employer decides not to renew her contract in the future.
- Agreeing to provide training to executive and all managerial employees on microaggressions, implicit biases, discrimination, retaliation, freedom of speech and whistleblower protections.
Info: Settlement in Esposito v. Manchester Community College, 8/25/22.
DOJ: Microaggressions targeted worker’s national origin, employer paid $42K plus penalty
Who was involved: Walter J. Willoughby Jr., M.D., Ltd. d/b/a Willoughby Ltd., a medical practice in Las Vegas, and a long-time employee who was fired on the basis of her Mexican-American national origin.
What happened: According to an investigation by the DOJ, the employee was subjected to months of discrimination and harassment by co-workers who committed microaggressions targeting the employee’s national origin. For example, they made derogatory comments and jokes about her Mexican heritage, and they “fabricated a false accusation against the employee that played into national origin stereotypes to oust her from the workplace,” the DOJ determined. Based on this fabrication, the employer terminated the worker without conducting an investigation. The DOJ said this amounted to a violation of the Immigration and Nationality Act (INA), which prohibits employers with four to 14 employees from terminating workers based on their national origin.
Result: To resolve the matter, the company agreed to pay $42,500 to the affected worker. As part of the settlement agreement, it was also:
- Assessed a $2,500 civil penalty for the INA violation
- Required to train its employees on the INA’s anti-discrimination requirements
- Ordered to review and revise its employment policies as needed, and
- Required to submit to DOJ monitoring and reporting requirements.
Info: Walter J. Willoughby, Jr., M.D., Ltd. settlement agreement, 12/23/22.
EEOC: Repeated microaggressions amounted to hostile work environment
Who was involved: Jackson National Life Insurance Co., a nationwide asset management company, and 21 employees who worked in the company’s offices in Denver, CO, and Nashville, TN.
What happened: According to the EEOC, employees who were Black and/or female were subjected to hostile work environments due to repeated microaggressions. Specifically, Black employees were allegedly referred to as “lazy,” and had stress balls thrown at them. They were also subjected to racially insensitive cartoons, the EEOC claimed. Black female workers said a manager referred to them as “residential streetwalkers.” All the female complainants said they endured sexual comments and leering from male co-workers. Moreover, the EEOC’s lawsuit asserted the complainants were paid lower wages than less qualified white male co-workers and were regularly passed over for promotions.
Result: The company paid $20.5 million in damages and attorneys’ fees to the 21 complainants. Under a four-year consent decree, the company had to:
- Refrain from creating or tolerating a hostile work environment based on race, color, sex, and/or national origin.
- Refrain from discriminating against the mentioned protected classes regarding promotion, compensation, and other terms and conditions of employment.
- Designate an internal compliance monitor.
- Retain an outside consultant to review the company’s EEO policies; compensation practices and data; and future complaints of harassment, discrimination and retaliation.
- Provide training on harassment, discrimination and retaliation.
Info: Jackson National Life Insurance to Pay $20.5M to Settle EEOC Suit, 1/9/20.
Key Takeaways
- Train managers and supervisors to recognize and monitor for microaggressions at work.
- If a microaggression occurs, promptly address the issue with the alleged perpetrator via open communication with them.
- Educate employees regarding what constitutes a microaggression and why they should be avoided.
- Recognize that employees may commit microaggressions without malicious intent.
- Allow alleged perpetrators to explain their actions as part of an open communication and education process relating to microaggressions.
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