Racial Harassment, Hostile Work Environment Racial Harassment, Emotional Distress Damages - Checklist

Here is a list of questions that an employment attorney may ask during a racial harassment consultation:

  • How long have you worked with this employer? 
  • Were you treated differently or harassed because of your race? 
  • Describe in detail, all dates, and the nature and particulars of each incident of racial harassment or hostile work environment.
  • Describe in detail each racially offensive comment, picture, e-mail or requests that you were subjected to.
  • Describe in detail each comment of a derogatory nature with particulars, dates and witnesses.
  • Position of the harasser: Is the harasser in a supervisory position? Describe the job duties of the alleged harasser to determine his level of authority.
  • Did the racial harassment include physical contact? If so, describe in detail each such conduct.
  • The name of each person who may have witnessed any of the racial harassment.
  • Did you participate in or encourage any of the misconduct?
  • Has this harasser racially harassed other workers? Identify all other victims.
  • Were any members of management around to witness any of the racial harassment? 
  • Does your employer have a race discrimination or racial harassment policy and have you read it? 
  • Did you follow your employer's policy in reporting the racial harassment and any other steps? 
  • Did you report the racial harassment to your union? 
  • When you reported the racial harassment to management, what action did they take, if any?
  • The names of each person who was interviewed by management as a result of the racial harassment complaint.
  • After you reported the racial harassment to management, did the racial harassment cease? 
  • Did management handle your racial harassment complaint in an efficient and professional manner? 
  • Was anyone disciplined or transferred as a result of your complaint of racial harassment?
  • After you reported racial harassment to management, were you subjected to any form of retaliation or punishment for having complained? Describe in detail.
  • Did you suffer any financial losses as a result of the discrimination or racial harassment? For example, lost wages, benefits, time at work, emotional distress, etc. 
  • Did you seek medical treatment or counseling as a result of the racial harassment? Provide the names of your physicians, counselors and therapists.
  • A list of your witnesses.
  • How is your work performance otherwise? 
  • How do you think that the matter should be resolved?