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Subtle Slurs and Code Words - the New Face of Discrimination and Prejudice

By Brian Mahany

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Published: 22Feb2011
Word count: 408
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Just about every employee knows that certain racial slurs and other derogatory words are off limits in the workplace. Utter the "N" word for blacks or the "C" word referring to women and many employers will administer discipline on the spot if not outright termination. Unfortunately as scrutiny and penalties increase, some forms of prejudice simply go underground.

Maurica Grant filed a lawsuit after co-workers called her "Nappy Headed Mo" and Queen Sheba." If that wasn't blatant enough, she claims her peers said she worked on "colored people time" because she was sometimes late for work.

We recently successfully represented a black skilled worker in Milwaukee. The only black employee in the company, his boss frequently referred to him and blacks in general as "you people."

Code words are not just limited to race. The Equal Employment Opportunity Commission filed a class action suit last year against Area Temps, a large employment agency in Cleveland. The government says that the agency illegally honored the requests of certain clients to deny employment to temps on the basis of race, gender, age and national origin. To only hire the type of worker wanted by the client, the company developed a code system. White males were referred to as "hockey players," black males as "basketball players," and "chocolate cupcake" for black females.

Area Temps settled that case for $650,000.

The author is aware of a corner store that refers to Jews as AMF's. At first, I was puzzled about the reference, although I had a pretty good idea about the "MF" part. Wrong. I was shocked to learn that AMF is the abbreviation for "Arbeit Macht Frei," the inscription over the gates of the former Auswitz concentration camp.

As these stories show, prejudice in the workplace and community is alive and well, although a bit subtler. Businesses need to take notice of these code words and insure they are never used in the workplace. A California jury awarded two FedEx drivers of Lebanese decent $61 million dollars after a manager continually called them "camel jockeys." If you believe you are the subject of code word discrimination, let your boss or human resource director know immediately. Workers are protected against retaliation under both state and federal law. If the behavior continues or it is a manager or business owner using the code words, contact an experienced employment discrimination lawyer immediately.

Brian Mahany is a lawyer at the law firm of Mahany & Ertl, LLC in Milwaukee, Wisconsin. His firm concentrates in helping victims of employment discrimination and sexual harassment. Brian welcomes comments.

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