Facing Racial Discrimination in the Workplace? Know Your Legal Rights

June 24, 2011

Even though America has made substantial progress in stamping out racial discrimination over the last few decades, it remains a real threat to our nation's workforce. In fact, the U.S. Equal Employment Opportunity Commission (EEOC) reports a growing trend of race-based employment discrimination claims over the last five years, with a record high of 35,890 incidents reported nationwide in 2010. Fortunately, there is a well-developed legal process in place to help set things right for those who have been discriminated against in an employment situation.

Federal Protection

Title VII of the Civil Rights Act of 1964 is the most important piece of anti-discrimination legislation in federal employment law. Title VII provides broad protection, not only for race-based discrimination, but also for disparate treatment on the basis of sex, religious preference and national origin.

Title VII prohibits discrimination based on race in virtually every stage of employment, including hiring, recruitment, providing advancement opportunities and termination. Intentional and blatant discrimination or harassment is explicitly banned under Title VII; examples would include failure to hire an applicant specifically due to his or her race, or making offensive ethnic jokes, racial slurs, etc. about a coworker that had the effect of creating a hostile work environment. Title VII also applies to conduct that is not meant to be discriminatory if the conduct has the practical effect of disfavoring minority workers. For example, a policy banning beards may be discriminatory against African American men, because they are more likely to be medically predisposed to a condition causing severe skin irritation from shaving. Unless this type of policy has some connection to the legitimate needs of the business, it will likely be considered a violation of Title VII.

Recognizing and Stopping Workplace Discrimination

The first step in combating racial inequalities in the workplace is bringing them to light. In many instances, it will be obvious to a victim that he or she is being treated unfairly. But, in some situations, discriminatory intent or effects are so discreet that it may take time or multiple occurrences to gather enough information to make a legitimate complaint. It is important that one documents every incident of perceived discrimination carefully, noting who was involved, who else may have witnessed the event and the exact nature of the conduct.

If you are concerned that you may have been the victim of racial discrimination in the workplace, you should consult an experienced employment law attorney. If action is warranted, you will need to file a Charge of Discrimination with the EEOC. You are required to submit this document before you may commence with an employment discrimination lawsuit. Although there are provisions of Title VII that protect workers from retaliation by their employers for filing an EEOC charge, an organization or another individual may submit a charge on your behalf if you are particularly concerned about protecting your identity.

After an investigation, if the EEOC finds no Title VII violation, you will be allowed to file your own suit in court. If a violation is uncovered, the EEOC will first try to encourage a voluntary settlement that can satisfy both you and your employer. Sometimes, settlements cannot be agreed upon, at which point the EEOC's legal staff may initiate a lawsuit against your employer (should the EEOC decide not to file their own suit at this point, you will be given the opportunity to sue on your own behalf). If you decide to go through with your own lawsuit, it must be filed within 90 days of being informed of your right to sue by the EEOC.

It is important to note that different timelines exist for claims brought under state or local law. State and local law can provide valuable protections apart from federal law. For example, bringing a claim under the Florida Civil Rights Act may help you obtain justice and prevent future discriminatory treatment. An experienced employment law attorney can walk you through state and locally-based claims as well as the federal claims process.

So what type of relief can you expect from a lawsuit or settlement? The courts have broad discretion in remedying employment discrimination. A judge may issue an injunction, which is a legal order that will bar future unlawful discriminatory conduct. In addition, an employer may be ordered to reinstate wrongfully terminated employees (possibly with back pay), hire applicants denied a job on the basis of race or take any other actions the court deems appropriate to rectify the discriminatory behavior. The Civil Rights Act of 1991 also allows for the recovery of both compensatory and punitive damages (forms of monetary relief) by victims when Title VII is violated. In some Title VII cases, attorney's fees and costs are even awarded.

The claims processes at both the federal and state levels are complicated. Neither the EEOC nor state commissions always file or process claims properly. It is important to have an attorney help you through the process in order to better ensure that your claim is not improperly rejected due to administrative mistakes.

Getting Help with Your Claim

If you believe you may have been the victim of racial discrimination or harassment in the workplace, you should consider retaining the services of an attorney experienced in employment law. Your attorney can help you file an EEOC charge and will be an unbending advocate for your rights in any subsequent lawsuit.

It is important to act on perceived instances of discrimination as soon as possible. Not only will this improve your odds of a successful claim, it will ensure that racial inequalities do not continue unabated. By holding your employer accountable for discriminatory conduct, you are creating a better work environment for everyone.

Article provided by Law Office of William M. Julien, P.A.
Visit us at www.attorneyjulien.com