Race Discrimination

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Race Discrimination in the Workplace

Helping Victims of Race Discrimination in the Workplace for Over 25 years.

Race discrimination in the workplace is still a problem, even in the 21st century. Employees and job applicants can often experience harassment and poor treatment because of their race.

Both federal and state laws prohibit employers, CEOs, managers/supervisors, coworkers, clients/customers, and nonemployees from making any employment decisions based on race. Racial discrimination in the workplace creates a hostile work environment for everyone involved.

If you are the victim of race discrimination at work, you deserve to hold your employer accountable. You need an attorney who will advocate for your rights as vigorously as you would fight for your own. Your race discrimination lawyer should sympathize with your struggle and help you defend your rights.

What Is Race Discrimination in the Workplace?

Race is a grouping of people based on specific characteristics, such as skin color, bone structure, hair texture, etc. Some common races include Caucasian, African American, Asian American, Pacific Islander, Native American, and Hispanic or Latino. Employment discrimination laws classify race as a protected class. A protected class is a group of people with similar characteristics protected from discrimination under the law.

Race discrimination in the workplace occurs when an employee or job applicant is treated unfairly because of race. Race discrimination can appear as harassment or adverse employment actions, such as wrongful termination or retaliation. Race discrimination can come from an employer, CEO, supervisor, manager, client, customer, coworker, vendor, or nonemployee.

What Are Examples of Race Discrimination at Work?

Some examples of race discrimination in the workplace include, but are not limited to:

  • Your boss makes racist jokes in and around the office.
  • Your coworker called you the N-word.
  • Your employer only promotes Caucasian employees to manager positions.
  • Your client will no longer work with you because he learned you were married to a person who is Asian American.
  • Your supervisor gives you the least desirable shifts because of your race.
  • Your coworker sends racist jokes via email to the entire team.
  • Your manager has made it clear that “ethnic” hair and clothing will not be acceptable in the workplace.
  • Your employer has never hired a Hispanic or Latino person and makes a conscious effort to avoid it.
  • Your coworker displays a picture of a noose. He thinks it means, “hang in there.”
  • Your boss allows several symbols of racism within the office. The symbols include the confederate flag and a noose.

What Are Your Rights as a Victim of Race Discrimination in the Workplace?

Federal and local laws prohibit race discrimination in the workplace. Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from making any negative employment decisions based on race.

To file a claim under Title VII, you must file a claim with the Equal Employment Opportunity Commission (EEOC). Once the EEOC sends a right to sue letter for your claim, you may file a lawsuit.

42 U.S. Code § 1981 also prohibits race discrimination. It provides equal rights for all people living within the United States. This law was enacted following the end of the civil war.

To file a claim under Section 1981, you can skip filing with the EEOC. Instead, you can file the lawsuit directly with the courts.

In addition to the federal laws in place to protect employees from race discrimination in the workplace, many state and local laws will prohibit such actions in the workplace. They protect employees in a workplace with as little as 1 to 4 employees.

How Long Do You Have to File Your Racial Discrimination Claim?

The EEOC says all claims for race discrimination at work must get filed within 180 days of the incident. However, if you live in a state that has a state-level law protecting your rights, the EEOC changes the statute of limitations to 300 days to file your claim.

42 U.S. Code § 1981 allows you to file your claim in state court. The time limit to file the claim is four years.

Finally, each state law has a statute of limitations to file your claim for racial discrimination with the appropriate state agency or local courts. When you consult with an experienced employment discrimination lawyer, they can guide you to through the process. They will help you choose the laws best suited for your case and give you the best options.

Does a Race Discrimination Lawsuit Last a Long Time?

A race discrimination lawsuit can last a few short months or many years. The key is the willingness of both sides to settle the claim. If your employer willingly offers a fair and reasonable settlement before your claim even gets filed, your case may settle in under six months.

However, more often, cases may settle throughout the claim process. An employer can choose at any point to offer a fair settlement. Many may offer it during discovery, allowing the case to settle in about a year or more.

In some cases, your employer may refuse to settle the claim. In those cases, your case may go to litigation until the court enters a judgment. The litigation process may take several years until the court enters the final judgment.

What Remedies Are Available Through the Courts for Victims of Race Discrimination in the Workplace?

The courts do not look kindly on race discrimination in the workplace. These issues have plagued this country for centuries and seem to be as prevalent in today’s society as it was 50 years ago.

The courts may award some of the following remedies to you as a victim of race discrimination in the workplace:

  • Reinstatement of employment
  • Reimbursement of related medical expenses
  • Back pay
  • Future pay
  • Emotional Distress
  • Pain and suffering
  • Punitive damages

How Can a Race Discrimination Lawyer Help Your Case?

Discrimination in the workplace can be complicated to prove. You clearly experienced discrimination based on race. However, the courts need to see evidence of the treatment. Without such evidence, the case becomes a matter of opinion and circumstances.

Sometimes, when you are in the thick of dealing with the issue, you may not see something clearly. You may ignore information as irrelevant when it can clearly help (or hurt) your case.

An experienced race discrimination attorney can help you sort through the details of your claim. They can help you gather evidence to help prove the treatment was severe. They can help you show the discrimination often occurred and created a hostile work environment.

With the help of a qualified race discrimination lawyer, you can rest assured your claim will tell your story well while adhering to court deadlines and the rules of civil procedure.

Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation

You have the right to work in an environment free from race discrimination. If you are the victim of race discrimination in the workplace, you deserve justice.

The experienced employment discrimination attorneys at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help. We do not collect any money until you win your case.

Do you have any questions about race discrimination at work? How can we help answer your questions? Please take a moment to call us at 800.807.2209 or email derek@dereksmithlaw.com for answers to your questions. We do not charge for a consultation.