Be considerate: Comments about accents can be harassment

A recent Employment Appeal Tribunal (EAT) case has highlighted that making comments about someone’s accent, such as saying it’s hard to understand, can be considered unlawful racial harassment.

Carozzi v University of Hertfordshire

In Carozzi v University of Hertfordshire, an employee accused her employer  of several types of discrimination and harassment. Some of her claims focused on comments made about her strong Brazilian accent. Initially, the tribunal dismissed all her claims, but, she appealed, arguing that she had faced discrimination for the following reasons:

• Accent and Ethnic Origin
  The comments about her accent were connected to her ethnic origin (Brazilian), even if those making the comments weren’t influenced by her ethnicity when they made the comments.
• Victimisation
  Her employer refused to share meeting notes because they worried she might use it to make a discrimination claim.

The law in the UK  protects employees from being treated less favourably if they raise concerns about potential discrimination. The tribunal had dismissed this claim on the basis that the employer would have withheld the document if they had been worried that the employee might make another legal claim (one which was not for discrimination) so there was no less favourable treatment. The Claimant argued that this was wrong.

The EAT disagreed with the tribunal

Upon review, the EAT agreed with the employee and allowed her appeal. They determined:

• Accent and race are linked
  The EAT clarified that comments about someone’s accent can be ‘related to’ their ethnic origin – it doesn’t matter if the person making the comment wasn’t influenced by their ethnic origin in making the comments.
• Refusing to share documents can be victimisation
  If an employer refuses to share a document because they fear it might be used in a discrimination case, this could count as victimisation. The EAT said the tribunal was wrong to dismiss this claim, the real question was whether the refusal to provide the notes was influenced, at least partly, by concerns about a possible discrimination complaint.

Lessons for employers and HR professionals ?

• Take the time and effort to  educate your employees about discrimination.  We all need to be cautious and respectful about comments on accents—they can easily cross the line into harassment, especially if the accent is tied to a person’s race or nationality.
• Transparency is important. Withholding documents out of fear they might lead to legal claims can lead to victimisation complaints.