Racism at work & code-switching

Being treated unfavorably in any part of employment because of race or color is illegal for covered employers. This includes decisions about hiring, pay, assignments and promotions.

In a 2023 survey, 41% of Black workers said they had faced this kind of unfair treatment.

The EEOC gives racial slurs, offensive remarks about race or color, and racially offensive symbols as examples of harassment. The harasser can be a supervisor, a coworker, or even a client or customer.

The EEOC says a policy that applies to everyone can still be illegal if it harms people of a certain race or color and is not job-related and necessary for the business. Its example is a “no-beard” rule.

The EEOC says race discrimination includes unfair treatment because of personal characteristics linked to race, such as hair texture, skin color or certain facial features. Color discrimination, based on skin complexion, is covered too, even between people of the same race.

Many experiences are quieter: being confused with another coworker of color, having your ideas credited to someone else, or being described as “aggressive” for the same things others are praised for.

Researchers found that downplaying membership in a stereotyped group can raise how professional others see you, and the chance of being hired.

Avoiding behavior linked to negative stereotypes can help people be seen as leaders, but it takes constant effort and attention.

Showing shared interests with coworkers from the majority group can build closeness with powerful colleagues, which may help with promotion.

• Avoiding certain topics, foods or music at work
• Changing hairstyle or clothing
• Changing your accent, slang or tone of voice
• Using a different name or nickname
• Staying quiet about experiences of racism

In a survey of about 300 Black, college-educated workers, those who worked hard to “fit” felt more career success but were also more likely to burn out.

Pretending to share interests, or hiding your culture, reduces chances to be yourself at work. Over time, that can feel lonely.

In an experiment, White participants rated a Black job candidate who code-switched (in name, speech or hair) as more professional. Black participants rated the same changes as less professional and as an unnecessary change to identity.

Some people who code-switch also face criticism from their own community.

The researchers suggest thinking about code-switching strategically, based on your setting and your values. They stress that individuals should not have to solve this alone: workplaces need to change too.

Questions to ask yourself

• Is it costing me more than it gives me?
• What do I switch, and why?
• What parts of me do I never want to hide?
• Where can I fully be myself each week?

Being asked to explain your whole community, or being the go-to person for every diversity task, is a heavy load. It is okay to say, “I can only speak for myself.”

Workers of color are often asked to do this kind of work on top of their job. If you want to do it, ask for it to be recognized in your goals or reviews. If you don’t, it is okay to say no.

Feeling out of place when you are one of few is a normal response to the situation, not proof that you don’t belong.

Places to look

• Employee resource or affinity groups
• Mentors in other teams or companies
• Online communities for your field
• Professional associations for people of color in your field

• Change clothes when you get home
• Listen to music on the way home
• Take a short walk before going inside
• Write down the day, then close the notebook

Save thank-you emails, results and praise in one place. It helps on hard days, and it is useful for reviews and promotions.

Mental Health America suggests connecting with your culture and community, and with people who have had similar experiences.

Family, friends, faith, music and culture can be a place to put down the effort of fitting in.

If Sunday nights fill you with dread, or you feel numb or snappy most days, it may be time to make a change or get support.

Federal law against race and color discrimination at work covers employers with 15 or more employees. It protects both job applicants and employees.

If your workplace is smaller, your state or city may still protect you. A state or local fair employment agency can tell you.

Simple teasing, offhand comments and isolated incidents are usually not illegal. Racial harassment becomes illegal when it is so frequent or severe that it creates a hostile or offensive work environment, or when it leads to a decision like firing or demotion.

It is illegal for an employer to punish you for complaining about discrimination, taking part in an investigation, or being a witness.

The EEOC says it is also discrimination to treat someone unfairly because they are married to, or associated with, a person of a certain race or color.

Keep your notes somewhere only you can reach, so you can still find them if you lose access to work systems. Follow your employer’s rules about confidential company information.

Performance reviews, praise, emails and changes to your schedule or duties can all help show what happened over time.

You usually have 180 calendar days to file a charge with the EEOC, or 300 days if a state or local agency enforces a similar law. Federal employees have 45 days to contact an EEO counselor.

Ways to raise it

• A grievance through your union, if you have one
• A written complaint to HR, keeping a copy
• An ethics or reporting hotline, if your employer has one
• Talking with a manager you trust

Putting a complaint in writing creates a clear record of when you raised it.

Ways to start

• Online through the EEOC Public Portal (publicportal.eeoc.gov)
• By calling 1-800-669-4000 to get the process started (the charge itself can’t be filed by phone)
• In person at one of the EEOC’s 53 offices
• By mail, with a signed letter

If your deadline is close, the EEOC says to call and ask for an immediate interview.

You can also file with a state or local fair employment practices agency. Under “dual filing”, a charge filed with one agency is also filed with the other.

The EEOC’s filing steps can be done by yourself, without a lawyer. Many people still find it helpful to talk with an employment lawyer, a legal aid office or a union representative first.

• Act quickly when someone reports a problem
• Check pay, reviews and promotions for patterns
• Give credit clearly and publicly
• Make sure extra diversity work is recognized
• Notice who gets interrupted in meetings

• Check in privately after a hard moment
• Learn and say names correctly
• Offer to be a witness if someone reports
• Repeat and credit a colleague’s idea when it is ignored
• Speak up when you hear a “joke” that isn’t funny

The researchers encourage leaders and coworkers to question the biases behind comments about how people talk, dress or wear their hair.