There undoubtedly has been a reckoning in social and racial justice in recent years. It’s promising to see when progress toward equality is being made, but sometimes, this progress can have unintended consequences. In the current environment, one of those consequences is the potential for false accusations. These can lead to serious repercussions for the accused. However, could a false accusation of racism constitute defamation?

This is a loaded question, and its answer will depend entirely on the unique circumstances of a case. In a world where videos can go viral in mere minutes, a false accusation can quickly ruin a person’s life. Potential consequences are even more severe, however, when employers are wrongfully accused of racist acts. Whether you’ve been accused or are worried you might be charged with defamation for reporting racism, here’s what you need to know.

What Is Defamation?

Before deciding whether a false accusation of racism is defamation, it’s important to understand the legal definition of defamation. This is important for anyone facing wrongful allegations because the accused will have to provide evidence that meets the appropriate legal standard. Defamation is a false public statement of fact that causes damage to someone’s reputation. There are two categories of this legal tort:

  • Slander: False statements made to third parties in a verbal manner.
  • Libel: Written publication of false statements.

When defamation occurs, it’s often disastrous to the defamed person. We’ve all seen what can happen when someone is publicly labeled a racist. Viral YouTube videos accusing individuals of racism have resulted in people losing their jobs, being disowned by friends and family, getting vilified by their neighbors, being exposed to threats of violence, and getting expelled from school. These are real losses, and if accusations of racism are defamation, the accused may have a valid legal claim.

Are False Allegations of Racism Considered Defamation?

The answer to whether false allegations of racism constitute defamation is it depends. In most instances, calling someone a racist is merely an opinion-based statement. For instance, an employee whose co-worker gets a promotion over them might feel that race was the deciding factor. A statement along the lines of, “Of course John got that promotion — my boss is as racist as they come,” would merely be an opinion based on their perception of events.

However, there are instances where false allegations of racism are defamation. When an accusation of racism includes false statements of fact, the accused may have a valid lawsuit. This is only the case, though, if the statements were made publicly and caused reputational or other harm. Remember, a stated belief that someone is racist is not defamation — but fabricated claims or accusations based on misrepresented facts can fall into this category.

What Does a False Allegation Look Like?

It’s unfortunate, but some people throw the word “racist” around freely and without thought. This does more than just defame those who they accuse — it actively waters down the word and minimizes real instances of racism. This is why it’s so important to call out these false allegations and hold those who make them accountable. However, it’s first important to recognize what a wrongful accusation looks like.

The following list focuses on allegations that may constitute defamation rather than opinion-based claims:

  • Accuser films and uploads a video where they falsely state that you engaged in a racist act prior to filming.
  • Employee states that you used racial epithets when you did not.
  • Former employee posts a Facebook status claiming they heard you demean other races.
  • Someone creates a fake screenshot of a racist statement from your social media profile.
  • Job applicant falsely states that you’ve never hired someone of their race.

As you can see, each of these examples includes a false statement of fact. The accuser isn’t saying that they believe you’re racist based on their perception. They’re saying you did say something. They’re saying you did engage in behaviors. They’re saying you did upload a social media post or actively did not hire certain individuals. These are no longer opinion-based statements, and if they’re false, the accuser could be liable for defamation.

What Should You Do If You’re Falsely Accused of Racism?

If you’re falsely accused of racism by a worker, job applicant, or another individual, your first step should be to remain calm. It’s understandable if you’re extremely upset — most of us would be. By reacting in anger, however, you may simply add more fuel to the fire. In most cases, things will die down on their own. And if someone has merely stated an opinion that you’re racist, the consequences are likely to subside when no evidence is provided.

However, there are instances when such claims may go viral. Additionally, the situation becomes more serious when accusations turn from opinion and become false statements of fact. In either situation, having a legal professional on your side can prove invaluable. If you’ve been falsely accused of racism, contact an attorney to discuss your options. Our law firm can help you better understand whether you have a valid defamation case for allegations of racism.

What If You’re Accused of Defamation for Allegations or Racism?

Being wrongfully accused of racism can prove damaging to a person’s reputation and professional life. However, being accused of making false allegations can be similarly difficult. If you’ve experienced racism in the workplace, you may be concerned about retaliation if you report it. Perhaps your employer will say you’re just trying to get free money, or maybe they’ll even accuse you of defamation and threaten to sue.

However, these threats should not deter you. It’s illegal for a company to fire an employee or take other adverse actions because they report the racist behaviors of others. Personal and legal threats can also backfire and result in higher compensation for victims. The moral of the story is that it’s important to stand by the truth — whether you’re experiencing racism in the workplace or have been wrongfully accused.

False allegations of racism can certainly be defamation. Contact our law firm today to learn more about your rights.