EntertainHR: What Love Island USA Teaches Us About Handling Discriminatory Language in the Workplace

FordHarrison
Contact

FordHarrison

“Yulissa has left the villa.”

Two episodes into Season 7 of the Peacock dating series Love Island USA, contestant Yulissa Escobar was abruptly removed after podcast clips resurfaced of her using a racial slur.

Later in the season, contestant Cierra Ortega was similarly removed for what the series described as a “personal situation.” Fans quickly attributed her exit to past social media posts also involving her use of a racial slur.

Love Island USA hasn’t released a formal statement addressing the controversy, but its swift removal of both islanders sent an implicit message that the disrespectful language would not be tolerated by the program. The show later displayed messages reminding viewers to “be kind” and to refrain from cyberbullying or harassment.

Both islanders later apologized for their use of inappropriate language.

Discriminatory or harassing language in the workplace always poses both legal and reputational risks to employers. Policies prohibiting unlawful harassment or discrimination, including the use of slurs, must be consistently maintained and enforced.

When investigating the use of inappropriate language in the workplace, the key inquiry is whether the conduct unreasonably interferes with work or creates an intimidating, hostile, or offensive work environment. A single use of a racial slur may constitute unlawful harassment.

Employers should have safeguards in place to prevent harassing behavior at work, including:

  • A widely disseminated, clearly written anti-harassment policy with examples;
  • Adequate and accessible reporting channels;
  • A requirement that supervisors promptly report complaints or instances of harassment;
  • Regular training on anti-harassment and nondiscrimination policies; and
  • Consistent screening processes that flag prior discriminatory or harassing conduct in compliance with applicable laws.

Employers must also apply their policies consistently, just as Love Island USA did across contestants. Making exceptions or treating similar conduct differently invites claims of disparate treatment. While each situation is context dependent, the hallmarks of an effective investigation are consistency, thoroughness, and a prompt response.

Love Island USA took responsibility for its casting decisions, and employers must take ownership of their workplace culture. Addressing discriminatory language isn’t only about compliance – it’s about cultivating a workplace where employees feel respected, supported, and safe. With the right culture in place, your workplace will stay far less dramatic than the villa.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© FordHarrison

Written by:

FordHarrison
Contact
more
less

What do you want from legal thought leadership?

Please take our short survey – your perspective helps to shape how firms create relevant, useful content that addresses your needs:

FordHarrison on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide