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?