How to Handle Discriminatory Language on Public Work Channels - An Employer's Guide
Online messaging services, like Slack, have become standard communication tools for managers and employees to communicate with coworkers throughout the work day. While these online messaging services can be a great way to keep everyone in the loop, they can also be a breeding ground for problematic behavior, including the use of discriminatory language.
It’s essential for employers to know how to handle situations that may arise on these communication channels before they arise. In this blog post, we'll discuss some steps you can take to address and avoid discriminatory language on Slack and other public work channels.
Understanding the Legal Background
Before you can develop policies and procedures for dealing with discriminatory language on public work channels, you must understand the legal requirements that apply to your business. Various federal laws protect employees and applicants from discrimination and harassment on the basis of race, color, religion, sex/gender, sexual orientation, gender identity, military status, national origin, ancestry, disability, and/or age, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). In addition, each state has enacted its own statutory protections against discrimination and harassment in the workplace, often expanding the protections to additional “protected class” groups. Various cities and municipalities have further enacted legislation on the local level to prohibit discrimination and harassment against protected class groups and/or based on characteristics that have historically resulted in discrimination against protected class group members, such as prohibiting discrimination based on natural hair texture and protective hairstyles like locs (dreadlocks), braids, or twists. These laws also prohibit retaliation against individuals who engage in protected activity, such as filing a discrimination claim or participating in an investigation. Federal or state administrative agencies like the Equal Employment Opportunity Commission (EEOC), federally, or the Ohio Civil Rights Commission (OCRC) in Ohio, enforce these laws, investigate allegations of discrimination, harassment, or retaliation made against and employer, and may even bring suit against an employer on behalf of a complainant if deemed warranted.
As discrimination and harassment laws vary by state and even city, in their scope and application, employers should consult with a qualified employment attorney on these matters before taking any action. The number of employees employed and the location of the employee in question, in part, will determine which laws are applicable to the situation, as a threshold matter, and determining how these laws apply to the situation at hand requires careful analysis of the specific facts of any situation that may arise.
Start With Proactive Policies
When it comes to preventing discriminatory language and other issues on Slack, as with preventing any discriminatory, harassing, or retaliatory behavior or actions, the best approach is a proactive approach: Developing, communicating, and implementing an anti-discrimination policy that clearly outlines what behaviors constitute discrimination or harassment under the policy and what an employee should do if they experience or witness discriminatory conduct in the workplace, such as who to report to and what actions the company will take to investigate allegations of conduct in violation of these policies.
Employers should also create clear guidelines for the use of company “sponsored” or provided communication channels, outlining appropriate uses for these platforms, what is and is not appropriate to post on these platforms, and the applicability of corrective action for violations.
Employers should review these policies with employees and provide training on how to use Slack in a professional manner. Be clear and specific about the consequences of violating these guidelines, and ensure these policies are enforced fairly and consistently moving forward.
Establishing clear expectations for how the platform should (and shouldn’t) be used allows employees to be aware that these communication channels are an extension of the professional workplace environment and sets the tone for how employees are expected to communicate with each other on Slack or elsewhere. While employers want to encourage the use of these methods of communication and ensure they are comfortable using these tools, it’s important to set these expectations from the beginning to prevent issues before they arise, and the best way to do that is to ensure that everyone knows what is expected of them.
Take Immediate Action
If someone uses a public work channel inappropriately, it is crucial to address the issue immediately. In most cases, this will simply involve removing the offending language from the channel and warning the employee not to use such language or otherwise use the channel inappropriately again in the future. In other cases, however, more serious disciplinary action may be warranted. In cases where such language potentially violates your discrimination and harassment policy, an investigation into the behavior may be warranted to ensure it was limited to this one occurrence and/or this one channel and is not/has not manifested elsewhere as well.
Company policies should clearly explain how discriminatory language will be handled, outlining the company’s reporting and investigation procedures and advising employees that such conduct may result in corrective action up to and including termination of employment. It is vital to act quickly and decisively when dealing with discriminatory language, as failing to do so can create legal problems for the employer and damage employee morale. Taking swift and decisive action will show that you are committed to maintaining a respectful and inclusive workplace. However, it is important to evaluate these situations on a case-by-case basis, as the appropriate action to take is highly dependent on the facts of each situation and the applicable federal, state, and/or local laws that apply. Employers are encouraged to consult with their attorney before taking any adverse employment actions who can advise you on intermediary steps that may be taken to protect the workforce during an investigation or recommend an appropriate course of action to resolve the matter.
Address Issues Privately
When issues involving discriminatory language on Slack arise, as is a good rule-of-thumb for any corrective action or coaching discussion, it is best to address the offending employee privately versus publicly. Remember to praise in public and coach or correct unwanted behavior in private, particularly if the offending language appears to have been used accidentally or without knowledge of its connotations.
While it might be tempting to call the employee out directly on the channel, replying to something like this via Slack or in front of other employees will not lead to a productive discussion and will most likely make the employee defensive, which is counterproductive to effective coaching. Instead, the employee’s supervisor and/or an HR representative should schedule a private meeting to discuss the situation with the employee. Explain that the purpose of the meeting is to discuss the language used. Explain why the language was hurtful, offensive, or inappropriate. Provide the employee with an opportunity to offer an explanation as to their behavior or conduct, if there is an explanation to be provided. While someone doesn’t have to intend to offend for their words to be offensive, it is possible that the employee was not aware of the connotations of the language they used. The goal of this conversation should not be to make anyone feel attacked, but rather, to seek to understand and educate. The goal should be engaging a dialogue about being conscious of the language we use and how it can impact those around us.
That being said, there are certain circumstances where swift action is required to immediately protect the workforce and determine appropriate disciplinary action. For example, if an employee uses a racial slur or any other particularly egregious language, the employer should take steps to preserve documentation of the conduct, such as taking screenshots of the posts as they appear in Slack, then immediately remove those posts from the channel. The employee’s manager and/or HR representative should immediately schedule a meeting with the employee to discuss the language used and any other broader steps that will be taken to investigate the misconduct and/or to advise the employee that appropriate corrective action may be forthcoming following an investigation and/or once the situation has been reviewed and discussed with the appropriate parties to that decision. If it is determined that corrective action short of termination is warranted, the employer should review the company’s discrimination and harassment policy (and any other policies applicable to communication guidelines on Slack or elsewhere) with the employee and retain a newly signed policy acknowledgement in their personnel file along with the signed warning document.
In general, corrective action steps taken against an employee should be private between the employer and the employee. However, in cases where such egregious language is used in a company-wide communication forum, it may be necessary to address the situation with employees. Be sure to avoid disclosing confidential employee information, such as a written statement or email stating that the company is aware that a racial slur was used in a Slack channel or that the offending posts have been removed, and ensure that appropriate discussions have taken place with offending parties, that company is committed to maintaining a respectful workplace free of discrimination and harassment for all employees, and that unwanted behaviors under the discrimination and harassment policy should be reported if discrimination or harassment are encountered. Your attorney can help you navigate these waters and determine the appropriate response to such incidents involving particularly offensive language.