A London company was ordered to pay more than £12,000 in damages after a manager told an employee she looked like "an alien from the Avatar movie" because of the braids in her hair.
Jasmine Fubara, a mixed-race recruitment consultant, was stunned when a manager compared her appearance to a blue, CGI-generated "Avatar" character during an interview. Fubara, who also models, found the comment about her braids offensive but initially dismissed it as an unintentional slip-up.
Fubara faced a barrage of racially insensitive remarks after joining Certus Recruitment Group. This included a colleague questioning her musical taste and asking if she was listening to "ghetto music." Ultimately, she was terminated days before receiving a commission payment of over £2,000. The incident was brought before an employment tribunal in London.
Recruitment Firm Ordered To Pay For Racial Harassment
Fubara successfully sued Certus Recruitment for racial harassment. The tribunal ruled that the firm fostered a "toxic environment" and was ordered to pay Ms. Fubara £12,515 in compensation.
The hearing in central London revealed that Fubara joined Certus Recruitment as a candidate consultant in March 2022 and was subsequently dismissed in September 2022. Representing herself at the tribunal, Fubara claimed she experienced multiple incidents of racial harassment during her time at Certus Recruitment.
The tribunal confirmed that a manager had commented on Fubara's hair during an early interview, comparing it to a character from the film "Avatar." The tribunal heard that the manager claimed the "friendly" Avatar comment was based on Fubara's long ponytail.
However, the tribunal's judgment dismissed this defence, stating that Certus Recruitment Group's argument that Avatars are blue and, therefore, the comment was not racially motivated was unfounded.
The judgement stated: "(Ms Fubara's) evidence, which we accepted, was that she was shocked by this comment, which she believed was clearly related to race; their skin colour 'is not their only feature, they are cartoons who have long braids and hairstyles which resonate with black culture."
The tribunal rejected the company's argument that because Fubara continued the interview process and accepted the position, she must not have considered the comment racially motivated. The hearing also revealed that on another occasion in July 2022, a department head asked Fubara whether she was listening to "ghetto music" while wearing earphones.
Certus's argumentative CEO, Justin Byrne, surprised the tribunal with his claim that when he was growing up, the term "ghetto" was exclusively associated with tape decks. However, the CEO conceded that Fubara's characterisation of "ghetto" as a derogatory term with racial connotations was accurate.
The Impact Of Racism On Employment Opportunities
The tribunal heard that Fubara overheard a colleague, Duncan Simmons, making a discriminatory remark in August 2022. Simmons suggested that they should avoid contacting candidates with non-English names, claiming it would be a waste of time. This aligns with a recent study that found resumes with Black names like Lakisha or Jamal are less likely to receive callbacks.
Simmons denied making the discriminatory remark, claiming that approximately 50 percent of his placed candidates were foreign nationals and that he had left a previous agency due to racism and homophobia. However, the tribunal found that such comments contributed to the "hostile workplace" environment experienced by Ms. Fubara.
Fubara's LinkedIn profile shows she works as a "Daymaker" at On Verve. While DailyMail could not reach her for comment, Fubara's father expressed immense pride in her for standing up to her former employers. He revealed that he had followed the tribunal proceedings with her via Zoom.
Speaking at the family's £2 million terraced home in leafy Muswell Hill, North London, Reg Fubara expressed his sympathy for his daughter. "I just felt so sorry for her - it pretty upsetting. In the beginning, she thought she'd done something wrong, and I said to her, 'no, no, this is not normal at all."
Employment Judge Mark Emery acknowledged that the Avatar comment was likely not intended as an offensive remark and was initially dismissed by Fubara as a clumsy mistake. However, the judge emphasised that even if a single incident might not constitute harassment, the cumulative effect of multiple discriminatory comments can create a hostile work environment.
It's an undeniable fact that racism continues to influence various aspects of employment in the 21st century. Notably, some strides have been made. For instance, last month, the Labour Party unveiled proposals to expand equal pay rights for Black, Asian, and minority ethnic (BAME) employees across the United Kingdom as part of their progressive vision for a Race Equality Act.
