Laws against racial discrimination in the workplace have done a lot to give people legal protections, yet they do not always prevent employers and coworkers from breaking the law. Racial discrimination involves treating someone differently because of their national origin, color, race or characteristics associated with their race. Racial discrimination can also be based on someone’s spouse’s race or national origin.
No matter the workplace, discrimination based on race can occur. If you believe you have a racial discrimination case for being treated unfairly at work, you need a complete understanding of what racial discrimination involves and how to determine if you have a case.
Can You Sue Your Employer for Racial Discrimination?
Laws in the United States legally protect you from racial discrimination in the workplace. Employers cannot discriminate against an applicant or employee based on their national origin, race, color, birthplace, culture or ancestry. According to the U.S. Equal Employment Opportunity Commission, racial discrimination can include acts of hostility targeting any or all of these characteristics or the physical traits associated with them, like skin color, hair texture or facial features. Actions of workplace racial discrimination are prohibited in the following aspects of employment:
- Hiring
- Firing
- Promotions
- Salary
- Recruitment
- Job assignments
- Training
- Benefits
People who have been racially discriminated against have legal recourse to defend their rights. There are four kinds of racial discrimination — direct, indirect, harassment and retaliation. All of the following are examples of racial discrimination in the workplace:
- Direct discrimination: Acts of direct discrimination target an employee or applicant for poorer treatment than someone of a different race in a similar situation. If someone is denied a job or promotion for which they are qualified based on their race or national origin, this is direct discrimination.
- Indirect discrimination: In contrast with direct discrimination, indirect discriminatory practices are procedures or policies that disadvantage people of a certain race. For example, it would be indirect discrimination to ban certain hairstyles preferred by one racial group in the workplace since that policy would disproportionately affect people of that race.
- Harassment: Workplace harassment is frequent or severe comments or actions that create a hostile working environment or jeopardize the job of another person. Harassment for a person’s race could include racial slurs, insulting remarks or the display of racially-offensive symbols or images. An example would be if a supervisor called an employee a racial slur, even if they tried to act like the comment was a joke.
- Retaliation: After an employee files a complaint or launches an investigation into a case of racial discrimination, their employer or coworkers could retaliate with poor treatment. Retaliatory discrimination is also against the law.
Laws Against Racial Discrimination
The federal government prohibits racial discrimination in many areas, including employment, education, housing and public accommodations. A suite of laws protects citizens from unequal treatment, such as:
- The Civil Rights Act of 1964: This landmark piece of legislation has many anti-discrimination provisions, including Title VII of the Civil Rights Act of 1964. This law prohibits discrimination based on national origin, race and color in the workplace. Other protected characteristics include religion, sexual orientation, gender identity and English proficiency.
- The Equal Credit Opportunity Act: Discrimination may extend to credit and banking, which the Equal Credit Opportunity Act seeks to eliminate. Under this law, creditors cannot discriminate against credit applicants based on national origin, race, color, religion, marital status, age or the applicant’s receipt of public assistance.
- U.S. Code Title 42, Chapter 21 — Civil Rights: This section of the U.S. Code provides an umbrella prohibition against discrimination in many settings and forms. Title 42, Chapter 21 forbids discrimination on race, national origin, color, disability, gender and religion, among others, in education, employment, federal services and more. Several civil rights acts are codified in this chapter, including the Civil Rights Acts of 1866 and 1964 and the Civil Rights of Institutionalized Persons Act.
Other laws also protect from racial discrimination in other aspects, including the Fair Housing Act, the Voting Rights Act of 1965 and the Disaster Relief and Emergency Assistance Act. These legislations prohibit discrimination in housing, voting and emergency assistance, respectively.
If you believe your employer has discriminated against you in any way because of your national origin, race or color, they may be in violation of one or several laws, and you may have a racial discrimination case.
How to Prove Race Discrimination
To have substantial grounds for a racial discrimination claim against your employer, you must prove that such discrimination occured. Write down information about every incident of discrimination as quickly after it happens as you can. This information should include time and place, witnesses, the parties involved and any details about the incident that you remember. Keep any images or objects that were used against you too. It is essential that you document as much as possible to help strengthen your case.
Racial discrimination lawyers can use two general kinds of evidence in a racial discrimination case. Evidence can either be direct or indirect.
1. Direct Evidence
Racial discrimination cases are sometimes difficult to verify. Over 22,000 race-based charges were filed in 2020, and more than 16,000 were concluded to have no reasonable cause. Collecting sufficient direct evidence can help ensure that your case is defendable.
Direct evidence often contains a statement from the employer or decision-maker that expresses a clear racial motive for the employment action. Examples can include emails, memos, letters or witnesses who saw the discrimination occur. Direct evidence may also demonstrate a set of classifications that outline a racially-based system of distributing pay and benefits.
Outside of situations in which an employer uses race expressly to achieve diversity or implement repayment for past discrimination wrongs, direct evidence is rare to find. Because of this, most race-based cases focus on indirect evidence.
2. Indirect Evidence
Indirect evidence, also called circumstantial evidence, establishes racial discrimination based on assumptions or inferences. Suspicious timing, inappropriate remarks and statistical evidence can all fall into the category of indirect evidence. Statistics may be essential in establishing a race-based motive, as they could reveal that a policy disproportionately affects people of one race.
Indirect evidence is called prima facie, which means “at first glance.” A case built on prima facie evidence establishes racial discrimination unless disproven by the employer. For example, a plaintiff must prove several aspects of a prima facie racial discrimination case involving a job they were not hired for, including:
- The plaintiff is protected under racial discrimination laws.
- The plaintiff was sufficiently qualified for the position.
- The defendant denied the plaintiff the job based on racial discrimination.
- The person who was hired instead was of a different race than the plaintiff.
Contact the Racial Discrimination Lawyers at Weisberg Cummings for a Free Consultation
Proving a racial discrimination case takes time and skill to sort evidence and develop a case. If you believe you have a racial discrimination case, the first step is to contact experienced attorneys to help you determine whether you have a case.
The qualified and accomplished lawyers at Weisberg Cummings can help you produce the best outcome. We can help you take your case to court or negotiate a settlement with your employer on your behalf. Contact Weisberg Cummings today and get a free consultation with an attorney who will review the facts of your case.
