Yes, you can file a complaint if you are being harassed about your race.
Failure to provide a work environment free of racial harassment is discrimination under the law. In order to prove a racially hostile environment, the employee must show two things: unwelcome conduct and severe or pervasive conduct.
1. Unwelcome conduct. Unwelcome conduct is actions that the employee did not solicit, did not incite, and did not join in. For example, if an employee engaged in calling a co-worker by a racial slur and that co-worker retaliates by using a racial slur back, that is probably not unwelcome conduct. The court vigorously looks at the evidence and circumstances surrounding the conduct to determine if it was unwelcome.
2. Severe or pervasive conduct. In order to be a violation of Title VII, according to the Supreme Court, the racially abusive conduct must be more serious than being uncivil, but does not need to be something that causes monetary or psychological injury. This middle-of-the-road analysis means that every case is looked at individually. Some things that courts look at is the number of times this conduct occurred, whether there were physical threats, whether the purpose of the conduct was humiliation, whether the conduct interfered with the employee’s work, and any other factor surrounding the conduct. Again, this something that the employee should seek the advice of an attorney to determine.