Employers' Responsibilities & an Opportunity for Leadership

By Larry Feheley

As investigators search to find the perpetrators of last week's terrorist attacks, employers would be well-advised to remember their legal obligations regarding the workplace. Actually, the current situation might provide a ready opportunity for more affirmative leadership.

Both federal and state law prohibit discrimination on the basis of national origin, race, and religion. This includes the prohibition of harassment, such as the existence of a working environment that is hostile or abusive because of discriminatory conduct. In short, employers cannot condone or tolerate a workplace that is hostile on the basis of an employee's race, national origin, or religion. Daily newscasts detailing suspected connections between the terrorist attacks and Muslim adherents or those of Arab origin create a palpable potential for backlash and antagonistic behavior.

We all know that not all Muslims, and not all those of Arab descent, are terrorists. Nonetheless, these employees can easily become the targets of hostile behavior, from insults and threatening glares to outright physical violence. Basic fairness to employees, not to mention painful legal liability, dictates that employers be sure that this harassing conduct does not occur in the workplace.

Employers should set firm expectations for civility in the workplace.

In the aftermath of the attacks, the U.S. House of Representatives approved a resolution on September 15 that condemns acts of bigotry or violence against Arab-Americans, Muslims, and Southeast Asians who live and work in this country. Two days later the U.S. Commission on Civil Rights said that it would solicit and act upon complaints of discrimination from Muslims and Arabs.

At the very least, employers should be especially vigilant to watch for and immediately stop any harassing conduct. Beyond that, employers might consider taking steps to (a) meet with employees and discuss their harassment policies, in the context of current circumstances, or (b) to meet with individual employees of the Muslim faith, or of Arab descent, and assure them that the Company will act to protect them from any inappropriate conduct. (Reports are that most Arab-Americans feel, not surprisingly, nervous and threatened. Some efforts at outreach and reassurance would not doubt be met with appreciation.)