Minority Discrimination in the Workplace
Employment Discrimination Targeting Race, Religion, and Nationality in the Workplace Is Illegal Under Federal and State Laws
Minority discrimination in the workplace occurs when an employee or job applicant is targeted for negative treatment due to their skin color, race, LGBTQ status, national origin, or gender. Using minority status to make employment decisions is illegal under federal and state laws. If your employer or member of your workplace harasses you or makes any employment decisions based on your minority status, you have the right to compensation. Speak with a discrimination lawyer to learn about your rights under the law.
What Is Minority Discrimination in the Workplace?
Minority discrimination occurs when an employer, CEO, supervisor, manager, coworker, customer, or non-employee makes an employment decision based on an employee’s or job applicant’s minority status. Minority status is based on race, religion, national origin, ethnicity, gender, sexual orientation, gender identity, and gender expression.
Minority discrimination can also relate to punishments against employees who speak up against discrimination. Retaliation can include wrongful termination, demotions, negative employee reviews, and more.
What Are Examples of Minority Discrimination in the Workplace?
Minority discrimination targets people in a protected class. Most cases of minority discrimination target employees based on race, religion, color, ethnicity, national origin, gender, and LGBTQ status. The following examples show how minority discrimination appears in the workplace.
You are an excellent employee. You constantly receive amazing employee reviews stating that you exceed expectations. You have received four promotions throughout your career at your company.
You are in line for an executive position. However, your boss has never promoted a woman to an executive position. He does not intend to start now, so he promotes a clearly less qualified male than you for the position.
English is your second language. You came to America from Mexico when you were fifteen years old. Your parents only spoke Spanish in your home. It is much easier for you to communicate in Spanish.
Whenever someone else in the office speaks Spanish, you revert to speaking Spanish in your private conversations. Your supervisor writes you up because you are not speaking English in the workplace, even though you are involved in a private conversation.
You are one of the most qualified accountants in your firm. You help most high-income clients with their quarterly business returns because you are an expert in your field.
A new client asked to work with “the best accountant” the firm has on staff. When she meets you, she asks for another accountant. You are African American, and she makes it clear she will not work with anyone who is not “white.”
You wear a yarmulke to work every day. Your coworker constantly tells you to take off the “beanie.”
You told him his comments were offensive. You have reported him to HR. He has not stopped harassing you for your Jewish traditions.
You post pictures of your boyfriend and you in your cubicle. Your coworker calls you horrible names because you are also a man. He does not like anyone who is gay.
You ask to move to another cubicle on the other side of the office. Your employer denies your request and does not reprimand your coworker either. You feel it is impossible to work under these hostile work conditions, so you quit your job.
What Is the Best Way to File a Claim for Minority Discrimination?
As a victim of minority discrimination in the workplace, you have options. You may choose to file your charge under Title VII or other federal laws. You would file your charge with the Equal Employment Opportunity Commission (EEOC). You may also file your claim in federal court under the Equal Pay Act if you are a woman receiving less pay than your male counterparts.
If you wish to file your minority discrimination claim in state court instead of federal court, you may file your claim under your state’s discrimination laws. Discuss your options with a qualified employment discrimination lawyer in your state.
When Should You File a Minority Discrimination Lawsuit?
You should file your claim as soon as possible to ensure you meet the timelines required by law. The federal laws protecting you from minority discrimination have different time limits to file your court claims. The EEOC requires you to file your claim within 180 to 300 days. The Equal Pay Act has a statute of limitations of at least two years. Discuss your case with a minority discrimination attorney as soon as you can to ensure you do not miss your filing deadlines.
What Is the Average Settlement for a Minority Discrimination Case?
Every lawsuit is different. Therefore, no two cases will have the same settlement. However, the courts generally consider the following when calculating compensation:
- Lost wages
- Related medical Expenses
- Pain and Suffering
- Emotional Distress
How Can A Minority Discrimination Lawyer Help You?
A minority discrimination lawyer can help ensure your case does not get lost in the shuffle. Your lawyer can help you file your claim in the appropriate court within the time limit allowed by law. He can ensure you meet all required deadlines.
Additionally, your minority discrimination lawyer will help negotiate your settlement from the moment you enter his office. He will advocate for your rights under the law and ensure you receive the compensation you deserve.
Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation
You have the right to work regardless of race, national origin, ethnicity, gender, sexual orientation, religion, or gender identification. Any employer who says otherwise is breaking the law. If you are the victim of minority discrimination in the workplace, the Derek Smith Law Group’s experienced attorneys can help.
Did Your Employer Discriminate Against You Because You Are Part of a Minority? Do You Want a Lawyer to Review Your Case? Please Call Us at 800.807.2209 to Know Your Rights.