Racial discrimination in the workplace remains a very real problem despite the progress that has been made in the past few decades. Racial discrimination laws are in place to protect employees from discrimination due to their race or color, but these laws don’t prevent it from happening all the time. Racism in the workplace can be based on facial features, hair texture, skin color or other characteristics associated with race.
Racial discrimination at work is any activity that involves treating an individual differently because of their race or the race of their spouse. Furthermore, racial discrimination doesn’t always occur between two individuals of different races.
Examples of Racial Discrimination
This is not an exhaustive list, but some examples of racial discrimination include:
- Racist jokes
- Threats made based on race
- Stereotyping
- Denial of promotions based on race
- Distinctions based on race: A company refuses to hire drivers based on their race because they buy into a stereotype that certain races are bad drivers.
- Harassment based on race
- Segregating employees to certain jobs because of their race: For example, white employees may be put in customer service or sales positions where they are more likely to be seen or heard, while Latino employees may be put in positions that require more manual labor and involve less speaking.
Proving Racial Discrimination
There have been many racial discrimination cases, but unfortunately, racial discrimination can be difficult to prove. In order to prove your case, you must show you were treated negatively at work because of your race. This may be done by direct or indirect evidence.
Direct Evidence of Racial Discrimination in the Workplace
Direct evidence can be difficult to acquire, but in some cases, an employee will have direct proof they have been discriminated against. This may include emails, company memos or witnesses who have heard or seen the discrimination occur.
Indirect Evidence: Prima Facie Case of Discrimination
Prima facie means “at first glance.” Prima facie has four different parts when it comes to race discrimination lawsuits:
- You are protected under discrimination laws
- You are qualified for the job you are applying for or you are performing your job sufficiently
- You were denied the job, promotion or benefit or faced a demotion or termination based on race
- The person who received the job, promotion or benefit was a different race or the company continued to look for applicants after denying you the job
For example, if you were denied a promotion because of your race, you would need to prove you were qualified for the promotion and the person who received the promotion was of a different race and not more qualified than you are.
You or your lawyer would present the evidence. The employer would present counter-evidence to show their decision was not based on race. Then the burden of proof falls back in the employee’s or applicant’s lap. In this example, you could show your employer had never promoted anyone of your race or the person who was promoted was less qualified than you.
Contact a Lawyer to Help With Your Racial Discrimination Case
Proving a racial discrimination case is difficult, but it can be done. You may want to work with a lawyer at who can help you gather evidence and sort out what information is the most relevant to help your case. We can argue your case or negotiate a settlement with an employer on your behalf. Ask about a free consultation by calling (855) 716-2367.
