Asking a black person 'what are you smoking?' is racist, an employment tribunal has ruled.
I wonder sometimes what the tribunel panel must be smoking...
Employment judge Rachel Wedderspoon said any 'reasonable person' would be offended by the remark due to the 'stereotypical view' of 'a black person with dreadlocks smoking drugs'.
I guess I'm not a reasonable person. Oh well...
Her ruling came in the case of Gemma Spencer, a black administrator who sued her employers for race discrimination and harassment after she was sacked. Ms Spencer said she had her hair in braids when director Mark Kelly asked her line manager if she had been 'smoking something' after they perceived she had made an error at work. After she accused him of racism, Mr Kelly said there was no racial element to it and he in 'no way meant to make some remark about her being a Rastafarian'.
But of course, our crazy laws state that it's down to you to take offence, and not the other person to give it.
Bosses said Ms Spencer was 'hyper-sensitive' and had 'warped' the impact the phrase had on her.
QED.
But this assertion was rejected by Judge Wedderspoon, who said the comment was 'unwanted conduct' which 'violated the dignity' of Ms Spencer, who was awarded £35,109 compensation.
So, employers, please consider if the tick in the diversity box is worth all the potential trouble!
9 comments:
I often get asked that at work, and I couldn't be any whiter.
I'd look into it, but 35k ain't enough money to quit my job. Not that they'd give it me, since you can't be racist to us who lack melanin
Just Don't Hire Them In Future indeed. Every time a member of a minority, any minority, gets compo for hurty feelz, that's fifty members of the same minority who "aren't quite what we are looking for."
Employment judge Rachel Wedderspoon said any 'reasonable person' would be offended by the remark
A fine example of why trial by jury is important.
It would be cheaper in the long run to give every DEI hire several thousand pounds at the job interview and send them on their way
Jaded
The problem here is Rachel Wedderspoon - she needs to be given marching orders and/or charged with misconduct in public office.
😔
It’s the only practical thing to do!
Indeed!
Agreed!
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