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Back to work after George Floyd: Are workplaces next front line of race relations?

June 2020 employment law letter
Authors: 
Shannon S. Pierce, Fennemore Craig, P.C.

As Phase Two of Nevada’s COVID-19 recovery brings even more employees back to work, many people may show up still emotionally charged from recent racial tragedies across the nation as well as the protests and riots that followed. All of which means you’re likely to see an increase in discussions about race relations on the job.

Employers in ‘unique position’

Like many of you, I am grieving the tragic death of George Floyd in Minnesota, the attempted villainization of Christian Cooper in Central Park, and the many other injustices against the African-American community that preceded the events. As an attorney who, like everyone else, has been adjusting to pandemic life, I often find myself struggling to carve out time, outside of advising businesses on employment law issues, to ponder the injustice and identify opportunities for change.

It isn’t new for race relations to become a workplace issue, but Nevada businesses now find themselves in a unique position. On the one hand, they can attempt to remain neutral when the issues surface. Since consumers and civil rights groups are increasingly demanding employers take a stand against systemic racism, staying silent may not be a viable option, at least for some.

Other business leaders may feel a moral obligation to speak up and take action during such tumultuous times. Further still, if race relations escalate into workplace confrontations within a specific business, like it or not, you may be forced to address the issue in the form of taking one or more employment actions.

2 approaches for employers

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