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Addressing Anti-Asian Discrimination and Harassment in Today’s Workplace

Since the onset of the COVID-19 pandemic, anti-Asian discrimination has risen sharply in workplaces across the United States. This trend has brought renewed attention to the prevalence of racial harassment and discrimination faced by Asian American and Pacific Islander (AAPI) employees. Recognizing and addressing this discrimination is essential for fostering safe, inclusive workplaces. In this article, we explore the increase in anti-Asian discrimination, outline examples of harassment, and provide guidance on legal actions employees can take to protect their rights.

The Rise of Anti-Asian Discrimination in the Workplace

Since 2020, numerous reports have highlighted the increase in harassment and discrimination targeting AAPI individuals. According to Stop AAPI Hate, a coalition tracking hate incidents, thousands of cases were reported during the pandemic, with a significant portion of these incidents occurring in workplaces. The rise in discrimination has underscored the need for stronger protections and clearer reporting channels for employees who face racial bias or harassment.

Examples of Anti-Asian Discrimination and Harassment at Work

Verbal Abuse and Stereotyping: Many Asian employees have reported instances of verbal harassment, including derogatory comments related to COVID-19, xenophobic remarks, or assumptions based on harmful stereotypes. This type of harassment can create a hostile work environment, undermining employees’ sense of safety and belonging.
Exclusion from Opportunities and Assignments: Discrimination can also manifest in more subtle ways, such as being excluded from projects, denied promotions, or overlooked for assignments. This form of bias can harm an employee’s career progression and contribute to a culture of inequity.
Retaliation for Reporting Discrimination: Employees who report discrimination may face retaliation, such as being demoted, transferred to less favorable positions, or subject to unjustified disciplinary actions. This discourages many from coming forward and contributes to a cycle of silence and unresolved discrimination.

Legal Protections Against Anti-Asian Discrimination

Employees who experience discrimination or harassment based on race have several legal protections under federal and state law. Understanding these rights is essential for taking informed action against workplace discrimination.

Title VII of the Civil Rights Act of 1964
Title VII prohibits discrimination based on race, color, national origin, sex, and religion. This federal law applies to employers with 15 or more employees and protects AAPI individuals from racial harassment, discrimination, and retaliation in the workplace. Under Title VII, employees who experience discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC).
The Equal Employment Opportunity Commission (EEOC)
The EEOC is a federal agency responsible for enforcing anti-discrimination laws. Employees who believe they have been discriminated against can file a formal complaint with the EEOC, which will investigate the claim. The EEOC has seen an increase in cases involving anti-Asian discrimination and is prioritizing efforts to address this growing issue.
State-Level Protections
Many states have enacted additional protections against racial discrimination and harassment. For instance, California, New Jersey, and New York have state-specific anti-discrimination laws that supplement federal protections and sometimes cover smaller employers. Employees should familiarize themselves with the anti-discrimination laws in their state, as these often provide additional options for recourse.
Whistleblower Protections
Employees who report discrimination are protected from retaliation under federal and state whistleblower laws. These laws prevent employers from taking adverse actions against individuals who raise concerns about workplace discrimination. Employees who experience retaliation after reporting discrimination can file a complaint with the EEOC or their state’s employment agency.

Steps Employees Can Take to Address Anti-Asian Discrimination

If you are an AAPI employee experiencing harassment or discrimination, there are several actions you can take to protect your rights and address the situation effectively.

Document All Incidents Thoroughly
Keep a detailed record of all incidents of discrimination, including dates, times, and specific comments or actions. If possible, save emails, messages, or other documentation that supports your case. Having a well-documented record can be crucial if you decide to file a complaint.
Report the Harassment Internally
Many companies have procedures for reporting discrimination through HR departments or dedicated reporting channels. Filing an internal complaint not only alerts the company to the problem but also shows that you have attempted to address the issue through official channels. Be sure to follow any guidelines your company has in place for reporting harassment.
Seek Support from Colleagues and Employee Resource Groups
If you feel comfortable, consider confiding in trusted colleagues or joining employee resource groups (ERGs) that advocate for racial equity. These groups can provide support, solidarity, and additional channels for addressing discrimination within your organization.
Consult a Workplace Harassment Attorney
Speaking with an employment discrimination attorney can be invaluable if you feel your complaint is not being adequately addressed. A qualified attorney can help you understand your rights, evaluate your case, and guide you through the process of filing a formal complaint with the EEOC or state employment agencies.
File a Formal Complaint with the EEOC or State Agency
If internal reporting does not resolve the issue, you may choose to file a formal complaint with the EEOC or your state’s employment agency. These agencies will investigate your claims and can enforce anti-discrimination laws on your behalf. Filing a complaint also ensures that there is a formal record of your experience, which is essential for building a case.

Taking a Stand Against Anti-Asian Discrimination

As anti-Asian discrimination in the workplace continues to be a significant issue, it is essential for both employees and employers to foster a culture of respect and inclusivity. Employees who experience harassment should feel empowered to report these incidents, knowing that legal protections are in place to support them. At the same time, organizations must take proactive steps to prevent discrimination, including implementing training programs and creating safe, effective reporting channels.

Conclusion

Addressing anti-Asian discrimination and harassment in today’s workplace requires a commitment to awareness, action, and accountability. By understanding their rights and taking appropriate steps, employees can help create workplaces where respect and equity are the norm. And for those who feel unsupported or face retaliation, legal recourse is available to ensure their voices are heard.

At John J. Zidziunas & Associates, LLC, our employment discrimination lawyers represent employees that have been harmed in New Jersey and Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. For more information on how to address anti-Asian discrimination and protect your rights, call us at (212) 516-1868 or contact us here. We represent workers on a contingency fee basis with free consultations. We also defend employers being sued for frivolous and non-legitimate claims.

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