Guidance for employers responding to racial unrest

The global response to George Floyd’s tragic and shocking death and other recent acts of injustice (including those involving Ahmaud Arbery, Christian Cooper, Breonna Taylor, and Nina Pop, among others) and the ensuing protests and riots amid the COVID-19 economic crisis have affected businesses directly or indirectly. As the current events continue to unfold, employers may face a plethora of related workplace issues. You should be prepared to respond.

Difficult questions

Just as the #MeToo movement raised awareness about the prevalence of sexual harassment and gender discrimination in the workplace, the recent shootings and protests should be the catalyst for a renewed emphasis on preventing racism and discrimination and offer employers an opportunity to show all employees they are respected and supported at work.

Under the circumstances, employers may face a myriad of challenges in handling internal complaints and their employees’ external conduct. Often, what an employer can, should, or cannot do isn’t always clear. While employees are legally protected from being fired based on discrimination, employers are now grappling with broader issues:

• May I fire an employee based on statements made on social media?
• May I discipline an employee for attending a rally?
• May I demote a manager for actions committed outside the workplace?

All are difficult questions. Often the response will depend on the facts of each situation, company policies, and consistency in discipline.

Employers respond