An empirical study of twenty decisions (2004-2020) rendered by Québec’s Labour Administrative Tribunal (LAT) with respect to psychological harassment of a racist nature reveals that even if the situation clearly constituted a violation of the Charter of Human Rights and Freedoms, the conditions of recourse for psychological harassment have led to dismissal of complaints of racist harassment. When this is the case, filing a complaint for psychological harassment under the Employment Standards Act (ESA) effectively extinguishes the fundamental rights of victims of racist harassment at work. The author concludes that it is urgent to allow access to the Québec Human Rights Tribunal for non-unionized employees who are victims of racist harassment at work. However, this should not be the only forum where racialized employees can complain of violations of their fundamental rights. A teleological interpretation of the current provisions of the ESA would allow the LAT judges to take into account the precarious situation of non-unionized racialized employees in Québec, and particularly the important impediments to prompt reporting of racist conduct to the employer as well as the harmful effects of such conduct on racialized employees. Furthermore, the legislator should intervene to underline the specificities of psychological harassment of a racist nature within the ESA, as was done in 2018 for harassment of a sexual nature.