Discriminatory slurs in the workplace almost doubles in the last 5 years

84% of employees have overheard racial comments and discriminatory remarks towards fellow workers. [compared to 2003- 46%]

28% of employees have overheard ethnic slur, relating to an individualís ethnic background. [compared to 2003- 16%]

15% of employees have overheard age related ridicule. [compared to 2003- 7%]

18% of workers overheard jabs aimed at sexual orientation. [compared to 2003- 11%]

23% of workers overheard ridicule and jokes based on nationality (for example Irishman, Englishman and Scotsman jokes). [compared to 2003- 12%]

74% of workers admit to harmlessly making sexual or discriminatory remarks against minorities. [compared to 2003- 69%]

Office discrimination has increased in the last five years according to new research by employment law firm Peninsula. Nearly 9 in 10 employees have overheard office conversations containing racial comments and discriminatory remarks towards fellow colleagues, almost double that in 2003.

Peter Done, managing director of Peninsula said today, ìEmployers have a liability for all the actions and comments of staff made in the office. The employer needs to make it clear to staff that they will not tolerate any form of racial slur or offensive banter. Comments made between employees, intended to be comical may be upsetting to others and this situation needs to be considered.

ìWhat concerns me is despite society appearing to be more tolerable, discrimination is still the order of the day when it comes to office jokes, whether or not it is meant to be harmless,î comments Mr Done.

ìWhat may be perceived as a joke between two people could easily cause offence and the difficulty for employees is to determine what will be considered appropriate banter. When employees are in a comfortable environment or they feel that they are in a ësafe audienceí they will talk about sexually explicit issues, race, gender and many other taboo issues. However, what needs to be brought to the attention of staff is that it is not just the employer who is liable for comments made in the office. The employee should be able to constrain themselves from making tasteless comments which may offend others. Self control can only come from the individual. In extreme cases employees may feel that they are the victim of verbal bullying should they become subjected to inappropriate language towards them because of their personal preferences.î

Mr Done explains what can be done to combat the problem; ìEmployers are required to carry out a risk assessment that should address risks associated with bullying. Employers need to have comprehensive policies and procedures in place detailing their policies on harassment, victimisation and bullying. There needs to be a formal route which staff can utilise to make a complaint if this is taking place in and the employer needs to act seriously on any such complaint.î

ìOffice banter can also be seen as a form of harassment, prohibited by law and as a consequence so each employer should have an equal opportunities policy in place. It should be enforced and checked on a 6 monthly basis to ensure that it is up-to-date and fully compliant with changes in employment law.î

Peter Done concludes; ìTo minimise liability employers will need to be able to show they have taken reasonably practicable steps to prevent breaches of legislation. If a complaint is made and the employer has not carried out the necessary steps to avoid these situations then they could find themselves heading into a litigation battle. This increase only confirms the failure of legislation to influence behaviour, however educating people not to discriminate may be the way forward.î

Survey Results:

84% of employees have overheard racial comments and discriminatory remarks towards fellow workers. [compared to 2003- 46%]

28% of employees have overheard ethnic slur, relating to an individualís ethnic background. [compared to 2003- 16%]

15% of employees have overheard age related ridicule. [compared to 2003- 7%]

18% of workers overheard jabs aimed at sexual orientation. [compared to 2003- 11%]

23% of workers overheard ridicule and jokes based on nationality (for example Irishman, Englishman and Scotsman jokes). [compared to 2003- 12%]

74% of workers admit to harmlessly making sexual or discriminatory remarks against minorities. [compared to 2003- 69%]