Can We Get in Trouble for Celebrating Black History Month?

February marks Black History Month, a time to honor the contributions and achievements of Black Americans throughout history! As the #BlackHistoryMonth hashtag trends on our feeds for the next 29 days, people are discovering new ways to celebrate. For many employees and employers, an important question arises: Can we celebrate Black History Month in the workplace, and can we get in trouble for doing so?

Understanding the Origins of Black History Month

While both international and federal politics in recent years have pushed people to better grapple with Black people’s history, Black History Month has its roots in Chicago of 1915. An alumnus of the University of Chicago, Carter G. Woodson travelled to Washington D.C. to join other African Americans in the fiftieth anniversary of emancipation, sponsored by the state of Illinois. An estimated six to twelve thousand people arrived to attend the celebration of progress and view the exhibitions on display. Inspired by the event, Woodson decided to form an organization dedicated to the promotion of scientific study of Black life and history. On September 9th of that same year, Woodson founded the ASNLH, the Association for the Study of Negro Life and History.

One of Woodson’s goals was to have the information and research found by the Black intellectuals of the association publicized for others to interpret. These findings were first archived in the Journal of Negro History in 1916. In 1920 Woodson began to urge black civic organizations and intellectuals to promote and prioritize the achievements that were being discovered by the organization. He urged his fraternity brother of University of Chicago to follow suit, and in 1924 they responded with the creation of Negro History and Literature Week, which would then become Negro Achievement Week. Woodson decided that the organization had to solely handle that responsibility for promotion, so he sent out a Press Release in February of 1926 for the first Negro History Week.

Your Rights in the Workplace During Black History Month

Under the practice of employment law, specifically Title VII of the Civil Rights Act of 1964, employees are protected from racial discrimination and retaliation for engaging in protected activity. According to the U.S. Equal Employment Opportunity Commission (EEOC), protected activity includes “reasonably opposing conduct made unlawful by an EEO law.” This means employees have the right to participate in diversity initiatives, including celebrating Black History Month, without fear of adverse employment action.

Employers cannot legally retaliate against employees for participating in workplace diversity celebrations or Employee Resource Groups focused on racial equity. Retaliation like this, among other common discriminatory acts, could constitute a violation of federal employment law and may form the basis of a racial discrimination claim.

Creating a Safe Space for Celebrating Black Culture

Celebrating Black history in the workplace should foster an inclusive environment, not create a hostile workplace. Employers are encouraged to:

• Support educational programming about Black history and culture
• Allow Employee Resource Groups to organize appropriate activities
• Ensure all employees feel welcome to participate regardless of their protected class status
• Provide resources that promote understanding and respect

When Workplace Celebrations Become Problematic

While celebrating Black History Month is legally protected, workplace observances must not cross into harassment or create a hostile environment for any employee. Activities should be educational, inclusive, and respectful. Any celebration that excludes individuals based on race or creates division could potentially violate Title VII protections.

Know Your Employment Rights

If you experience racial discrimination or retaliation for participating in—or declining to participate in—Black History Month activities, you may have legal recourse. A New York employment rights attorney can help you understand whether you have grounds for a racial discrimination claim.

Employees should never feel pressured to participate in ways that make them uncomfortable, nor should they face adverse consequences for respectful participation in diversity initiatives. These protections exist to ensure that all workers can engage authentically in creating inclusive workplace cultures.

Moving Forward

Black History Month offers an opportunity for workplaces to reflect on racial equity and celebrate the contributions of Black Americans. When done thoughtfully and in compliance with employment law, these observances can strengthen workplace culture and demonstrate a commitment to diversity and inclusion. If you have concerns about your rights in the workplace regarding diversity initiatives, consult with an experienced employment attorney who can provide guidance specific to your situation.

Call a New York Employment Law Attorney Now

We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including the LGBTQIA+ community and diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, practice their religion, or celebrate their heritage. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.