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Can I Be Fired for Calling My Boss a Racist?

by | Jan 16, 2025 | Employment Discrimination, Employment Law, Race Discrimination, Retaliation, Wrongful Termination |

As you likely know, state and federal law protect employees from discrimination on the basis of race/color. Ohio Revised Code § 4112.01, et al. and Title VII of the Civil Rights Act of 1964 both also protect employees from unlawful retaliation. This means that employers cannot take adverse actions against employees for complaining about race discrimination. However, as is often the case in retaliation claims, the question is whether the complaint constitutes “protected activity,” for it to be unlawful to retaliate against the employee for making the complaint. So, if an employee were to call his or her boss a “racist,” would it be illegal for the boss to fire the employee for calling him this?

How To Prove A Retaliation Claim

Ohio R.C. § 4112.02(I) states that it is unlawful “for any person to discriminate in any manner against any other person because that person has opposed any unlawful discriminatory practice defined in this section…” In order to prove a retaliation claim, an employee can show that (1) he engaged in protected activity, (2) the employer was aware of the protected activity, (3) the employer took an adverse action against the plaintiff, and (4) a causal connection exists between the complaint and the adverse action. Greer-Burger v. Temesi, 116 Ohio St.3d 324, 2007 Ohio 6442, 879 N.E.2d 174 (2007).

What Is “Protected Activity”?

Protected activity includes when an employee advises an employer that it has engaged in discriminatory conduct. Pittman v. Parillo, 2017 WL 1422891, *14 (6th Dist. 2017). The Sixth Circuit Court of Appeals has held that protected activity includes “complaining to anyone (management, unions, other employees, or newspapers) about allegedly unlawful practices… and opposing unlawful acts…” Crawford v. Metro Gov’t of Nashville & Davidson County, 211 Fed. Appx. 373, 376 (6th Cir. Tenn. 2006)(citing Johnson v. University of Cincinnati, 215 F.3d 561, 579-580 (6th Cir. Ohio 2000). The United States Supreme Court defined “oppose” in the Title VII context as: “to resist or antagonize… to contend against; to confront; resist; withstand,’ “or ‘to be hostile or adverse to, as in opinion.’” Crawford v. Metro. Govt. of Nashville & Davidson Cty., Tenn., 555 U.S. 271, 276, 129 S.Ct. 846, 172 L.Ed.2d 650 (2009) (quoting Webster’s New International Dictionary 1710 (2d Ed.1958) and Random House Dictionary of the English Language 1359 (2d Ed.1987)). Critically, an employee just needs to have a reasonable belief that the complained about conduct is unlawful—the employee does not need to be right that the conduct was actually unlawful. Robinson v. Quasar Energy Group, L.L.C., 2014-Ohio-4218, 2014 WL 4748535, at ¶ 20 (8th Dist. 2014).

Is Calling My Boss “Racist” Protected Activity?

Unfortunately, as the old and often aggravating lawyer adage goes: it depends. Calling a boss “racist” may be protected, but a court is more likely to find this statement to be protected if the employee also provides a basis for why he or she is referring to the boss as a racist.

Take for example, the Sixth Circuit’s ruling in Booker v. Brown & Williamson Tobacco Co., Inc., 879 F.2d 1304 (6th Cir. 1989). In Booker, to support his claim for retaliation, Booker pointed to a letter he sent to human resources where he called his supervisor’s actions “slanderous,” generally aired grievances, but importantly complained that “this is a case of ethnocism, which should be investigated immediately.” Id. at 1309. The Sixth Circuit took two issues with Booker’s letter. First, alleging that his supervisor was racist due to a statement he made was not enough as it would only potentially show one employee’s racial intolerance, rather than showing that the company engaged in an unlawful employment practice. Id. at 1313.

Importantly for our question however, the Sixth Circuit held that calling his supervisor an ethnocist/racist was not protected because: “a vague charge of discrimination in an internal letter or memorandum is insufficient to constitute opposition to an unlawful employment practice. An employee may not invoke the protections of the Act by making a vague charge of discrimination.” Booker, at 1313. Stated another way, an employee must do more than just calling his boss a racist—the employee must also provide a basis for why the employee believes the individual is a racist in order to be protected by state or federal law.

Conversely, the Tenth District Court of Appeals case of Brown v. Correctional Reception Center, 146 N.E.3d 621, 630 (10th Dist. 2020) provides an example of when calling a boss a “racist” does constitute protected activity:

According to Brown, she asked to speak to one of her three supervisors (Ayers) privately in his office. (Brown Dep. at 102-04, 107-09, 110-11.) Then, in a private conversation away from inmates and the potential of disrupting the workplace, she expressed the view that he was being excessively critical of her work on account of her standing up for someone of her same race, that he had engaged in a campaign to drive other black workers away from the workplace, and that he was racist. Id. Viewed from the perspective required on summary judgment, the conversation as recounted by Brown could constitute taking an “overt stand against” suspected illegal workplace discrimination and be protected opposition within the meaning of R.C. 4112.02(I). [citing Jackson, 2000 WL 1376534, *7; Comiskey v. Automotive Industry Action Group, 40 F.Supp.2d 877, 898 (E.D.Mich.1999).]

Again, the critical distinction between Brown and Booker is that Brown provided examples of differing treatment between African American and Caucasian employees when calling one of her supervisors “racist.” As Brown provided examples of why she viewed her supervisor as racist, she was protected from subsequent retaliation. To that end, if an employee were to seek protection from being fired for calling his or her boss a “racist,” the employee should also provide reasons for this belief.

What Should I Do If I Am Fired For Calling My Boss Racist, Or For Complaining About Discrimination?

If you have been discriminated against, or retaliated against, or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidentialconsultation. Call our Cleveland, Cincinnati, Columbus, Toledo, Boardman, and Detroit attorneys right now. If you have been wrongfully terminated or fired for complaining about race discrimination, or for calling your boss a racist, you may have an actionable claim. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.