In order to prove workplace color discrimination, you must prove that your employment was affected because of the color of your skin. There are three ways this can be done. First, you can prove that direct actions were taken against you because of your skin color. Such actions include:
- Being told you could not work on a project because the client thinks you are “too dark”
- Being told you were not hired because of the color of your skin.
- Receiving an email meant for someone else that discusses your skin color
Direct evidence means that you heard it or read it directly from your supervisor or another employee.
Another way to prove color discrimination is through actions that appear to be based on color discrimination. This is also known as disparate treatment:
- Wrongful termination
- Refusal to hire
- Refusal to promote when others of less skill are promoted
These are just a few examples. However, the actions are typically things that are not as blatant as direct actions but can usually be proven because you can show a history of this only affecting people with certain skin colors or people of other skin colors being chosen over you even if they are less qualified.
Finally, there are employee policies and procedures that can prove an employer is committing color discrimination. For instance, a policy may be in the handbook that states that only a person of a certain color can work on certain cases or with certain clients. This can be proven by simply going through the employee handbook and providing copies of such policies to your attorney.
Derek Smith
3 min. read
Derek Smith