Most people don’t think of Human Resources as their first stop when they hear something racist at work. And who wants to be the employee always filing race/color discrimination complaints? But a recent decision from the United States Court of Appeals for the Fifth Circuit shows how failing to report workplace discrimination can derail even the strongest race-based hostile work environment claim.
Shanteria Noiel, a Black woman, worked for a pain management clinic that was eventually acquired by Roseland Management. Over several years, she said she endured a series of racially insensitive and discriminatory comments. According to her race discrimination complaint, these included:
- A coworker asking if her kids “had the same daddy”
- A supervisor saying “God does not like Black people”
- Comments about Black patients “smelling like weed” and “looking like they are on drugs”
- Black patients being denied pain meds while similarly situated White patients were not
- A supervisor telling a coworker not to hire more Black people because “when two or more are together, things change”
Sounds like employment discrimination to me, but here’s the catch: many of the worst statements were never reported to Human Resources. Others weren’t disclosed until the day Noiel quit. And that timing was fatal to her legal claims.
Best Race Discrimination Attorney Blogs on Point:
- Can You Prove Race Discrimination If Other White Employees Were Treated Better?
- How Can I Prove That I Was Terminated Based on Race Discrimination?
- What to Look for If You Think You Are Being Discriminated Due to Your Race?
What Happens If I Don’t Report Racism To HR?
To win a hostile work environment claim under Title VII of the Civil Rights Act of 1964 or 42 U.S.C. § 1981, an employee must prove five elements:
- The employee belongs to a protected class
- The employee was subjected to unwelcome harassment
- The harassment was based on race (or another protected trait)
- The harassment was severe or pervasive enough to alter the terms of employment
- The employer knew or should have known and failed to take prompt remedial action
Title VII protects employees from workplace harassment and discrimination based on race, color, national origin, gender, gender identity, sexual orientation, and religion. Section 1981 specifically protects against race-based discrimination in the making and enforcement of contracts—including the employment relationship.
In Noiel’s case, the Fifth Circuit Court of Appeals said she satisfied the first three. But the fifth element sank her claim. The employer had policies in place. Noiel acknowledged receiving training. And she had used the reporting system before. But when it mattered most, she didn’t follow through. As the Court put it:
“Roseland is not vicariously liable for the conduct Noiel describes here. It maintained an anti-harassment policy. Noiel received it, was trained on it, and understood how to report workplace misconduct. She had used that system before. But not here.”
This quote succinctly summarizes the Fifth Circuit’s holding that under the Faragher/Ellerth defense, employers are shielded from liability when they have clear policies and the employee fails to use them. Under a U.S. Supreme Court rule from Faragher v. City of Boca Raton, employers are only vicariously liable for harassment by supervisors if either:
- The harassment ends in a tangible employment action (like a firing or demotion), or
- The employee can show they reported the harassment and the company failed to respond
Because Noiel wasn’t fired or demoted, and because she didn’t timely report the discriminatory treatment, the Fifth Circuit Court of Appeals held the employer couldn’t be held responsible. In fact, Roseland reassigned her away from a racist patient after she did complain — and the Court said that was the kind of “prompt remedial action” the law expects: “Afterward, Roseland reassigned Noiel from that patient, and she does not recall working with him again. Thus, Roseland took ‘prompt remedial action.’”
The biggest mistake employees make is thinking that verbal complaints or casual conversations count. They don’t. Courts expect employees to use the formal reporting channels provided by their employer — like written complaints to HR or documented calls to a compliance hotline.
In this case, Noiel waited until she quit to disclose the majority of the conduct she later sued over. That was too late. The Court emphasized that even though Roseland had clear internal complaint procedures in place, Noiel “chose not to report the key events that now form the basis of her claim,” undercutting her argument that the employer failed to respond. How can an employer fail to respond if there is no complaint to respond to?
The Fifth Circuit directly tied this to the legal requirement for employer knowledge: “Roseland cannot be held liable unless it knew about it and failed to act.”
The takeaway? If you don’t report it, you can’t hold your employer liable for it.
Best Racially Hostile Work Environment Lawyer Blogs on Point:
- Can I Be Fired for Reporting Workplace Discrimination To HR?
- Critical Action: Timely Report Harassment And Discrimination
- Why Reporting Race Discrimination To HR Is Critical
- Report Workplace Race And Sexual Harassment Quickly
What Should I Do If I Experience Racism Or Harassment At Work?
Document everything. Send yourself emails summarizing what happened. File formal complaints, even if it feels awkward. Keep copies. And don’t wait until your last day on the job to speak up.
At Spitz, The Employee’s Law Firm, we help workers build strong, defensible cases from the ground up—starting before a lawsuit is ever filed. Why? Because the decisions you make early, like how and when you report discrimination or harassment, can make or break your entire case. Our experienced employment attorneys know how to preserve key evidence, navigate internal complaint procedures, and shield you from retaliation. We have a long track record of great results, and we offer free initial consultations so you can make informed decisions without risk. If you’ve experienced racism, harassment, or retaliation at work, don’t wait to act.
Call Spitz now for a free consultation. We only represent employees, and you pay nothing unless we win.
Employment Lawyer Disclaimer
This employment law blog provides general information and is not legal advice, nor does it create an attorney-client relationship. For advice specific to your situation involving race discrimination or racial harassment at work, it is best to consult an experienced employment lawyer. This employee rights blog generally discusses workplace harassment, hostile work environment claims, § 1981 race discrimination lawsuits, retaliation for reporting discrimination, failure to report racism, employer liability for racial harassment, internal complaint policies, and how delays in reporting can impact your legal rights. This employment discrimination blog is a legal advertisement by Spitz, The Employee’s Law Firm, which offers free initial consultations and has a long track record of success representing employees only.