Incidences of racism and discrimination aimed at Asian Americans and Pacific Islanders (AAPI) have spiked in American workplaces since the emergence of the coronavirus in the spring of 2020.
Spike in Violence Against Asian Americans
This spike mirrors the increase in violence against Asian Americans, including recent spate of violent assaults against Asian Americans in Northern California.
The New York City Commission on Human Rights launched a COVID-19 Response Team specially trained to address harassment against Asian Americans related to the pandemic, after a sharp increase in instances of hostility and harassment directed at Chinese and other Asian communities during the pandemic.
Racist Rhetoric Related to the Coronavirus
Racism against AAPI individuals also manifests in the workplace. The former President’s open embrace of racist rhetoric against China, emboldened racist employees who might have previously concealed their biases against AAPI colleagues. Bigots adopt the former President’s racist nickname for the coronavirus, and use that term to taunt their AAPI colleagues.
These types of racist taunts in the workplace are unacceptable, and employers violate Title VII and similar state and local antidiscrimination laws if they are made aware of the conduct and do not take measures to stop the conduct.
Title VII and the Virginia Value Act provide little comfort for AAPI individuals who have to continue to work with racist colleagues, assuming the employer has scolded the racists and effectively directed them to stop openly demonstrating their still-present racism.
Employers can and should fire employees who engage in this sort of ant-Asian harassment, but the law does not necessarily require employers to do so. Employers need only take whatever actions are necessary to stop the harassment.
Anti-Asian Discrimination in Hiring
Verbal harassment is just one type of workplace discrimination AAPI individuals face. A Menlo Park, California tech firm recently posted to its LinkedIn account a job posting for a data analyst position that specified it was seeking a “non-Asian” to fill the position.
Facing an outcry of negative publicity, the tech firm, as might be expected, refused to apologize, and denied any discriminatory intent.
Anti-Asian Harassment by Customers in Service Industries
Employers might also face liability under Title VII and state and local antidiscrimination laws if they fail to protect their employees from racist harassment by the employer’s customers. For employees in service industries, racial harassment often comes from the business’ customers, rather than from colleagues.
AAPI employees in public-facing positions must report to their employer the harassment they face from customers, and require the employer meet their obligation to ensure a workplace free of discrimination.