At first, you may wonder, “Did that really just happen?” Then, as a pattern emerges, you realize you are being subtly targeted by microaggressions. The term “microaggressions” may suggest that they are small, but when they become part of your everyday work life, they are anything but. They can quickly have a profound impact on your mental and physical well-being.
In this post, we are going to take an in-depth look at what constitutes microaggressions in the workplace. We will examine why they happen and where you stand legally if you are being targeted with microaggressions. We will also explore how workplace policies and diversity, equality, and inclusion training can encourage employees to create a truly inclusive work environment.
Understanding Microaggressions
The term “microaggression” was first coined back in 1970 by a Harvard psychiatrist named Chester Pierce. Initially, it specifically referred to insults and dismissive behavior directed at black people by white Americans. In time, the definition was expanded to include aggressions against women before finally arriving at its current meaning.
Today, microaggressions are understood to be slights, snubs, and insults directed towards underrepresented groups based solely on their membership of that group.
Microaggressions can be intentional or unintentional. They can be verbal, nonverbal, or environmental in nature. Environmental microaggressions include TV shows that only feature one ethnic group and college campuses that are only named after white people.
Along with discriminatory actions against people from a racial or ethnic minority, microaggressions may also be targeted at:
- Members of the LGBTQ+ community
- Seniors
- Disabled people
- Immigrants
- Members of certain religious minorities
Categories of Microaggressions
Some microaggressions are subtle and could be hard to identify. However, others are blatant, intentional, and designed to inflict pain on others. They can be categorized in the following ways: microinsults, microassaults, and microinvalidations.
Microinsults
These are rude, insensitive, or demeaning statements intended to insult a person based on their race or another characteristic. Examples could include:
- Asking a person from a racial or ethnic minority how he or she got a job, implying that it was on the basis of affirmative action or a quota system rather than on merit
- Not even attempting to pronounce an unfamiliar name
- Mentioning how well-spoken someone is, given the person’s racial heritage
Microassault
There is nothing subtle about microassaults. They are explicit discriminatory attacks that are designed to hurt another person. They are often rooted in old-fashioned racism and other prejudices.
Microassaults can manifest themselves in the following ways:
- Making racist comments
- Displaying inflammatory imagery
- Using racial slurs or demeaning language about people from marginalized groups
Microinvalidations
Microinvalidations are communications that indirectly devalue or invalidate the lived experiences and feelings of individuals from a marginalized group.
These subtle yet damaging messages could include:
- Chastising someone for taking offense
- Confusing people of the same race with each other
- Crediting someone else with the work of a person from a marginalized group
Microaggressions and unconscious bias
While microaggressions can foster a hostile workplace environment, not all are intentional. They can result from unconscious bias, the stereotypes, attitudes, and prejudices we have that we do not even realize.
However, as unconscious bias impacts our actions, it can manifest in microaggressions that erode employee morale and have a significant impact on the individuals targeted by them. If someone becomes aware of his or her own microaggressions and does not stop them, these actions are no longer unintentional and can become a serious issue.
The Impact of Microaggressions
People who experience microaggressions at work on a regular basis may find that their health is negatively affected. Studies have discovered the following impacts:
- Sleep: Higher levels of discrimination caused African American participants in one study to achieve less deep slow-wave sleep, which is necessary for rest
- Cardiovascular health: Microaggressions can contribute to high blood pressure, a higher heart rate, and cardiovascular disease
- Mental health: Discrimination can increase the likelihood of mental health challenges, including suicidal thoughts, depression, and reduced behavioral control
Microaggressions at work are prevalent, with a 2021 study finding that 70 percent of workers had been affected by a microaggression, and half had considered quitting their jobs. Clearly, no one benefits from microaggressions in the workplace.
If your workplace culture has become so negative because of microaggressions that you have considered leaving your job, what legal options are open to you?
Legal Perspectives on Microaggressions in the Workplace
In the US workplace, employees are granted legal protection against discrimination under both federal and state laws. Title VII of the Civil Rights Act of 1964 makes workplace discrimination on the following grounds illegal:
- Race
- Color
- Religion
- Sex
- National origin
Further federal laws enforced by the Employment Equal Opportunity Commission (EEOC) protect workers from discrimination on the grounds of age and disability.
Anti-discrimination laws in California
California state law goes further. The California Fair Employment and Housing Act (FEHA) includes the following protected characteristics:
- Denial of family and medical care leave
- Marital status
- Medical condition
- Sexual orientation
So, given that overt discrimination is illegal, does this mean that microaggressions could also be considered discrimination at work?
When microaggressions escalate into harassment
There is no clear national consensus on whether microaggressions alone constitute proof of discrimination or harassment. An occasional microaggression is unlikely to be sufficient to file an employment discrimination lawsuit. However, if microaggressions are blatant and become a regular occurrence, you may have the right to file a lawsuit on the grounds of a hostile work environment.
Facing microaggressions can be overwhelming; therefore, it is essential to seek qualified legal advice from an experienced employment attorney as soon as possible. An experienced lawyer can listen to your story and help you understand the gravity of the situation. If an employment lawyer believes your case has a strong chance of success, he or she will advise you on the next steps.
Lessons from prior cases
Previous cases involving microaggressions in the workplace paint a mixed picture. Here are 3 examples:
- Chen v. Yellen (2021): In this case, the plaintiff, Fiona Chen, alleged that she had experienced harassment, which led to a hostile work environment. However, the court deemed her claims speculative, concluding that the evidence presented was insufficient to prove that microaggressions had created a hostile work environment.
- Chambers v. City of Lakeland (2022): A patrol officer claimed unfair treatment compared to male colleagues and discrimination based on microaggressions. However, in this case, the court concluded that “the City has proffered legitimate, non-discriminatory reasons for each of its actions.”
- Pringle v. Wheeler (2020): In this case, based on racial microaggressions, the judge commented: “…a severe episode that occurs as rarely as once violates Title VII, and so does a relentless pattern of lesser harassment that extends over a long period of time.” This case legitimized microaggressions, or lesser forms of harassment, by showing they could also constitute a violation of Title VII.
The takeaway is that when microaggressions become a pattern, they could be considered to create a hostile working environment. However, your employment attorney will need to build a strong case based on solid evidence to prove that the microaggressions really did reach this level. It pays to choose a law firm with extensive experience to hear your story and advise you on whether you have a case.
Addressing Microaggressions at Work
Microaggressions are not always easy to identify, but it is vital to address them before they cause serious problems. Employers and employees can both take steps to minimize workplace microaggressions and promote an inclusive environment.
What employees can do
Addressing microaggressions in the workplace can seem overwhelming. However, there are a few possible approaches you could take depending on the situation:
- Head-on approach: If the microaggressions have just begun or are infrequent, you may decide to address the problem head-on. Having a friendly but direct conversation with the perpetrator allows you to explain the damage he or she is causing and may nip the matter in the bud. Your coworker may appreciate your directness and that you did not escalate the matter by discussing it with management.
- Document the incidents: Writing down incidents and how they made you feel can help you process them and assess their impact on your mental and physical health. This way, you can decide your next steps. Your notes may also prove useful if you are asked for specific examples.
- Talk to HR: Staff in your human resources department are trained to help employees work through challenges in the workplace. They can monitor the situation and provide guidance in line with the company’s policies. That being said, HR will sometimes work against employees with legitimate concerns or complaints, so it would be prudent to speak to a lawyer before taking this step.
- Talk to an employment attorney: If you do not believe the approaches above are appropriate, or you have tried them without success, it is time to discuss your concerns with an experienced employment attorney. Be ready to cite examples, explain the impact of the microaggressions, and share any evidence you have to back up your claims.
Do Not Let Microaggressions Spoil Your Working Life
If left unchecked, microaggressions can wear you down and suck the joy out of your working life. Even worse, they can take a significant toll on your mental and physical health.
Before things get to this stage, consider following through on some of the remedies discussed in the article. If these do not prove effective, it is time to talk to an experienced employment attorney at AMG Law.
For almost 50 years, AMG Law has taken a personalized approach to employment law. We understand the impact microaggressions can have, and we are ready to provide tailored legal advice on your rights and the next steps you can take. Schedule a free consultation with an AMG Law employment attorney. Call 213-583-4919 or reach out online today.