Diversity & Inclusion

Let’s talk about race: the death of Tony Robinson

by Saul Glazer

The recent police shooting of Tony Robinson put Madison in the national headlines. Thankfully, unlike last year’s events in Ferguson, Missouri, the protests following Robinson’s death have been peaceful. However, the incident has once again put a spotlight on how we view race relations. This article discusses race relations in general and the problems employers have with race issues in the workplace.Time for a conversation

Robinson shooting and reaction

On the evening of March 6, 2015, Robinson became erratic, and several 911 calls regarding his behavior were made. Callers claimed he was walking in and out of traffic, struck one person, and tried to strangle another person. A Madison police officer arrived at the scene and went into the apartment where Robinson had gone. When the officer entered the apartment, he was apparently struck on the head by Robinson. The officer then shot and killed Robinson. At the time of the shooting, Robinson was on probation for armed robbery. The officer may have known of Robinson’s previous crime prior to the shooting.

Following the shooting, protests were held for several days in Madison. Many people claimed the shooting was racially motivated. Some have gone as far as to claim that the police officer “murdered” Robinson. To date, there is no evidence that the shooting had anything to do with race. In fact, several years earlier, a 30-year-old white man was killed in a similar incident just blocks from where Robinson was shot.

Perception is reality

It is no surprise that race relations in the workplace mirror many of the issues that happen outside of work. Many race discrimination complaints are filed each year because of perceived inequality or unequal treatment when there is no direct or indirect evidence to support a claim. There are numerous examples of very successful and productive employees believing they have been subjected to discrimination. That perception can lead to poor performance or absenteeism. In other words, an employee’s mere perception that he is being treated differently because of his race causes him to undermine his career.

The gap between perception and reality may become larger once an employee files a discrimination complaint. While administrative investigators often act with the best intentions, an employee may believe that his act of filing and pursuing a complaint that has no merit has been validated because an investigator has been assigned and is questioning the employer’s motives. There have been instances where complaints about anonymous acts of racial harassment perpetrated by unknown employees caused the harassment to intensify after the government intervened and criticized the employer’s response to the harassment.

How can employers improve race relations?

Similar to the struggles facing police forces throughout the United States, employers have found that there are no simple solutions for improving race relations. Clearly, as the workforce becomes more diverse, some perceptions will wane. As a workforce mirrors the demographics of the community, the reality will be that there is not just theoretical equality but also practical equality.

The “low-hanging fruit” is to make efforts to find and recruit qualified employees of all races so that diversity is achieved sooner rather than later. Similarly, internal job postings should be circulated widely to encourage promotion from within. It is imperative that employers remain vigilant in providing diversity training throughout their organization so they can recognize “unconscious” racism and eradicate overt racism and discrimination. The efforts to recruit a diverse workforce will not help if an employer cannot sustain the diversity and retain qualified and productive employees.

Recruiting and retaining a diverse workforce will become a self-fulfilling prophecy as the upper levels of management and HR become more diverse. Having diversity at the highest levels of management is a clear signal that you are committed to hiring and promoting employees from all walks of life. That vastly reduces the perception that you harbor any racial ill will.

Employers are well aware that no good deed goes unpunished. Providing clemency and forbearance to or favoring employees who may have been disadvantaged may end up being more disastrous than being 100 percent color blind and applying policies with complete neutrality. By the same token, completely ignoring race and not trying to walk in employees’ shoes may alienate employees who are at a crossroads and discourage them from reaching their true potential.

Bottom line

Following the Robinson shooting, Madison’s police chief and mayor seemed to be overly apologetic and sympathetic to Robinson’s friends and family. Some in the community were critical of that approach. So far, unlike the events in Ferguson, there has been a healthy discussion and—more important—no violent protests or looting. In the end, the conciliatory approach taken by the police chief and mayor may be the determining factor as to why Madison’s reaction may help improve race relations while Ferguson’s reaction set race relations back for years to come.

Employers must continue to walk the fine line of acting without any consideration to race at all times and understanding that not all employees will perceive events in an identical manner. Thankfully, we all can continue to work toward the day when we no longer have to talk about race.

Saul Glazer is a partner with Axley Brynelson LLP, practicing in the firm’s Madison, Wisconsin, office. You may contact him at sglazer@axley.com.

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