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Color Discrimination

What Is Color Discrimination in the Workplace?

Color discrimination in the workplace occurs when an employee or job applicant is treated unfairly or harassed by an employer, CEO, supervisor/manager, co-worker, client/customer, or non-employee because of skin color, shade, or tone. Discrimination can occur between people of the same race or different races.
Some examples of color discrimination in the workplace may include:

  • Your client refuses to work with you because she will only work with light-skinned black people.
  • Your supervisor tells you that you cannot possibly be Middle Eastern because your skin is too light.
  • Your manager refuses to give you certain shifts because you are “too dark for the clientele.”
  • Your employer insists all Caucasian employees get spray-tanned to continue to work with customers.
  • Your boss demotes you because he considers you too dark-skinned to represent the firm accurately.

These examples are only a small selection of how color can be used as a discriminating factor in the workplace. .Issues, such as creating a hostile work environment, wrongful termination, retaliation, and more, can result from color discrimination in the workplace.

As a victim of color discrimination, you need to work with an employment discrimination attorney who understands your story. Your color discrimination attorney should help you tell your story in court, helping others understand the violation you endured. The attorneys at the Derek Smith Law Group can represent you and help others hear your story as they should hear it.

Under Title VII of the Civil Rights Act of 1964, color is recognized as a protected class. Therefore, discriminating against an employee or job applicant because of color is illegal under federal laws.

Your company must follow Title VII if they maintain 15 or more employees. You may file color discrimination claims with the Equal Employment Opportunity Commission (EEOC). Once the EEOC determines you have a case, they will issue a Right to Sue letter. This letter allows you to file your lawsuit in federal court.

State laws also prohibit color discrimination in the workplace. Under state laws, a company may need to have a few as one to 4 employees to provide you with protection from harassment and discrimination. You have the right to file your lawsuit with state or city agencies or file directly with local courts.

Before filing any claim, make sure your employer knows of the discrimination or harassment you endured. Give them the appropriate opportunity to correct the problem. Then, work with an experienced employment discrimination attorney, such as the color discrimination lawyers at the Derek Smith Law Group. These talented lawyers can help you determine the best way to proceed with your case.

The EEOC’s statute of limitations to file a color discrimination claim is 180 days from the incident’s date. If your state has a law prohibiting color discrimination in the workplace, the EEOC extends the statute of limitations to 300 days from the date of the last incident.

Each state provides different time limits to file your color discrimination claim. However, many states offer a reciprocal agreement with the EEOC. Therefore, if you file your claim for color discrimination in state court, it automatically gets filed with the EEOC, and vice versa.

The short answer is maybe. Depending on your case’s details and the willingness of your boss to settle the claim quickly and fairly, your case may settle within 4 to 6 months. However, if your boss is unwilling to settle the claim or your case is very complicated, the case may take many years to reach a settlement.

In some cases, your case may go through a jury trial, which can take several years until the court enters a final judgment.

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What Remedies Are Available to Victims of Color Discrimination in the Workplace?

The courts want to help victims of color discrimination get the compensation and justice they deserve. You can petition the court for any of the following remedies:

  • Reinstatement of employment
  • Change in company policies
  • Lost pay
  • Pain and suffering
  • Emotional distress
  • Punitive damages

The dedicated color discrimination lawyers at the Derek Smith Law Group can help you draft your request for relief to the courts. They will help you outline your damages and request the appropriate remedies to bring you closure.

Contact Our Experienced Team of Employment Law Attorneys Today for Your Free Consultation

Most of us must work to support our lifestyles, our dreams, and our families. A day without work may mean a day without food in some cases.

When your employee rights are put in jeopardy, you have the right to fight back. You need a lawyer who takes pride in advocating for your rights. You deserve a trusted advisor to guide you through the entire litigation process.

Our experienced employment law attorneys at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help you fight for your employment rights. Call us today at (800) 807-2209 for a free consultation. We do not collect any money until you win your case.

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Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

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