In order to prove race discrimination in Philadelphia, there must be either direct comments, direct or indirect actions, or racially discriminatory policies.
Direct evidence is when an employer, co-worker, supervisor, or associate intentionally or unintentionally says to an employee or job applicant that he or she was treated unfairly because of his or her race. For instance, this can be a comment that a job applicant was not hired because of his or her race or that an employee was fired because of his or her race. This also can be the racial slurs and comments that are said in the office or sent via email. Direct evidence can be in writing or verbal.
Another type of evidence is Disparate evidence. These are actions that are deemed racially discriminatory. They typically relate to a culture that is seen within the office. For instance, when a black employee is qualified, but passed over for the promotion that was given to an equally or less-qualified employee who happens to be white, that is an action that can be used as disparate evidence. If you can show that a person is being treated unfairly because of his or her race while other employees who may not be as qualified or as hard-working are receiving better treatment, then you have disparate evidence.
Finally, discriminatory policies can be evidence of race discrimination in the workplace. If a firm has a policy that certain styles of dress that target certain races, like prohibiting people from wearing a Sari to work, which would target Indian Americans, that would be an example of discriminatory policy and can be used as evidence of race discrimination in the workplace.
Derek Smith
3 min. read
Derek Smith