Microaggressions are subtle forms of discrimination often expressed through words or actions, that can create a hostile work environment. While overt discrimination is easier to identify, microaggressions can be more insidious and challenging to address. Understanding these behaviors is crucial for protecting your rights in the workplace.

What are Microaggressions?

A microaggression is a subtle, often unintentional, action or comment that conveys a negative or discriminatory attitude towards a marginalized group. Microaggressions can be verbal or nonverbal slights, insults, or behaviors that communicate hostile, derogatory, or negative messages to target persons based on their marginalized group membership. These can range from subtle comments about someone’s appearance or background to exclusionary behaviors or stereotypes. For example, saying “You’re so articulate” to a person of color may imply that the speaker is surprised by their eloquence, which can be rooted in a stereotype.Frequently, those who do this type of harassment may play it off as just “joking around” or “teasing.” However, these actions have real consequences and may greatly affect the target of said “teasing.”

Common Types of Microaggressions

Microaggressions come in many different forms, here are some examples:

• Microassaults: Explicit verbal or nonverbal attacks meant to harm the target person.
• Microinvalidations: Communications that exclude, negate, or nullify the psychological thoughts and feelings
• Microinsults: Verbal and nonverbal communications that convey hidden insulting messages to the target person.

Impact of Microaggressions

While often unintentional, microaggressions can have a significant negative impact. They can create a hostile work environment, lower morale, and hinder productivity. Over time, they can lead to feelings of isolation, stress, and decreased job satisfaction.

Addressing Microaggressions

Experiencing microaggressions in the workplace can be a deeply unsettling and isolating experience. These subtle yet harmful behaviors can erode your confidence, job satisfaction, and overall well-being. It’s essential to take steps to address these issues and protect your rights.

Documenting the incidents is crucial. Maintain a detailed record of each occurrence, including dates, times, locations, and specific details of the microaggressions. This documentation will be invaluable if you decide to pursue formal action.

Open communication can sometimes resolve the issue. If you feel safe and comfortable, directly addressing the person responsible for the microaggression may lead to understanding and prevent future incidents. However, if the situation escalates or you feel unsafe, it’s essential to seek support from a trusted colleague or supervisor.

Reporting the behavior is often necessary. Follow your company’s guidelines for reporting harassment or discrimination. Clearly articulate the impact of the microaggressions on your work environment and well-being.

California law provides robust protections against workplace harassment and discrimination. If internal efforts prove unsuccessful, consulting with an employment attorney is advisable. They can assess your situation, advise on legal options, and represent your interests if necessary.

Valerian Law: Your Advocate for a Respectful Workplace

If you believe you have experienced microaggressions or any other form of harassment in the workplace, consulting an employment attorney can help you understand your rights and options. Valerian Law has a proven track record of representing employees in cases of discrimination and harassment. We can help you determine the best course of action to protect your rights and create a more equitable workplace. Contact us today for a free consultation.

Recap: How You Can Protect Yourself

If you are a victim of microaggressions in the workplace in California, it’s important to take steps to address the situation both to protect your well-being and to ensure that your rights are upheld. Here’s what you can do:

1. Document the Microaggressions

• Keep a Record: Write down each incident as soon as it occurs, including details like the date, time, location, what was said or done, and any witnesses. Documentation is critical if you decide to report the behavior or take legal action.
• Save Correspondence: If the microaggressions occur via email, text, or any other written form, save those messages as evidence.

2. Address the Behavior Directly (If Safe)

• Speak Up: If you feel comfortable and safe, consider addressing the person responsible directly. Let them know that their comment or behavior was offensive or hurtful. Sometimes, microaggressions are unintentional, and bringing it to the person’s attention may help them understand the impact of their actions.
• Seek Support: If you’re not comfortable addressing the person directly, you can seek support from a trusted colleague or supervisor who can help facilitate a conversation.

3. Report to HR or Management

• Follow Company Protocol: Review your company’s policies on harassment and discrimination, and follow the outlined procedure for reporting microaggressions. This typically involves contacting your HR department.
• File a Formal Complaint: Submit a formal complaint to HR or your supervisor, providing the documentation you’ve kept of the incidents. Be clear about the impact the behavior has had on you and request a resolution.

4. Seek Legal Advice

• Consult an Attorney: If the situation is not resolved internally, or if you face retaliation for reporting the microaggressions, it may be wise to consult an employment attorney. They can advise you on your rights and the best course of action.
• File a Complaint with the California Civil Rights Department: In California, you can file a complaint with the California Civil Rights Department if you believe you have been discriminated against or harassed based on a protected characteristic. Microaggressions can contribute to a hostile work environment, which is illegal under California law.

5. Know Your Rights

• California Fair Employment and Housing Act (FEHA): Under FEHA, employees are protected from harassment and discrimination based on race, gender, sexual orientation, disability, and other protected characteristics. Microaggressions that create a hostile work environment may be considered a form of harassment under this law.

Protection from Retaliation: It is illegal for an employer to retaliate against you for reporting harassment or discrimination. If you face retaliation, this is a separate violation that you can also report.