Why You Should Hire a Race Discrimination Attorney

If you face racial discrimination in the workplace, understand your employment rights to protect yourself and others from harm. If you sense your state and federal rights were ignored, defend yourself with a race discrimination attorney.

An employee’s race or national origin should never be the basis for adverse actions like firing or harassment in the workplace. Unless your case has irrefutable evidence that discrimination took place, most victims need an attorney to support their case effectively.

If employers fail to recognize your protected characteristics and commit racial discrimination in the workplace, you may qualify for compensation.

Hiring a race discrimination attorney can help you:

• Defend your rights and advocate for justice
• Find a resolution that addresses the discrimination
• Make a case by helping you gather evidence to acquire the compensation you deserve

An experienced racial discrimination attorney can protect your rights by understanding the employment laws and restrictions in your state.

Thus, if you or someone you know have been facing racial discrimination, find a race discrimination attorney to defend your rights and seek damages.

What is Racial Discrimination?

The U.S. government defines race and color discrimination through the following:

“Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).”

–U.S. Equal Employment Opportunity Commission (EEOC)

What the EEOC refers to as unfavorable treatment are employment actions dictated by race such as:

• Hiring and firing
• Wage increases or decreases
• Promotions or demotions
• Training
• Job assignments
• Other conditions for employment

Racial discrimination includes color discrimination based on skin complexion, but there are other characteristics protected by federal law. Examples of these characteristics include hair texture, skin color, facial features, etc.

Race discrimination may also occur if you face adverse action due to marital status on the basis of race. Race discrimination can also occur among those of the same race or color.

Types of Racial Discrimination in the Workplace

Federal laws forbid all types of racial discrimination in the workplace. This includes hiring, firing, job assignments, promotions, layoffs, training, fringe benefits, or any conditions of employment.

Race and national origin are protected classes, meaning any discriminatory behavior based on race is prohibited by state and federal law.

It’s also possible to commit reverse discrimination, taking adverse action against a majority group, as long as those actions were racially-motivated.

There are two types of racial discrimination you may face in the workplace:

• Workplace harassment
• Adverse employment actions

Workplace Harassment

Unwelcome conduct based on an employee’s race may be considered workplace harassment if the following statements are proven:

• Enduring the harassment is key to staying employed
• Conduct is so harsh and severe that it creates a hostile work environment

Workplace harassment may include racial slurs, offensive or derogatory remarks on a person’s race or characteristics, or displaying racially offensive symbols.

Anyone at work may be guilty of workplace harassment such as a supervisor, coworker, or a customer.

The law may not restrict offhand comments or isolated incidents of distasteful behavior. However, if the harassment is constant or severe, creating a hostile work environment, their actions may be considered workplace harassment.

Actions that result in the victim’s unfavorable employment decision such as being fired without warning, demoted without reason, or unwarranted transfer may also constitute workplace harassment.

Adverse Employment Actions

An adverse employment action is a change in an employee’s terms and conditions of their job, placing them in a worse position.

Examples of adverse employment actions include:

• Wrongful termination—firing an employee based on a protected class instead of job performance or behavior
• Demotion—lowering an employee’s rank, responsibility, or job title, usually with a salary decrease
• Reducing hours or pay—a large cut in an employee’s salary or scheduled hours
• Denying promotion—refusing to promote an employee after a long time working and benefiting the workplace
• Subtler actions—systematically excluded in meetings, receiving unwarranted negative observations, or being passed over in promotions

Previous cases of discrimination helped solidify a definition for adverse employment action, as well as what the government defines as a “reasonable employee”.

“An action is an adverse employment action if a reasonable employee would have found the action materially adverse, which means it might have dissuaded a reasonable worker from making or supporting a charge of discrimination.”

–Burlington Northern and Santa Fe Railway Co. v. White, 548 U.S. 53, 68 (2006)

Managers typically use adverse employment actions to correct an employee’s behavior or on-the-job performance. However, supervisors must not use adverse actions solely based on someone’s race or ethnicity.

What Laws Prohibit Racial Discrimination?

Several federal laws prohibit racial discrimination in U.S. workplaces, including laws that protect employees, job applicants, and people’s rights.

States have also established separate employment laws defining racial discrimination in the workplace. A race discrimination attorney specializing in both federal and state laws can help relate both types of law to your case.

Depending on the types of discrimination, each law varies. Here is the list of federal regulations protecting against racial discrimination in the U.S.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 defends employees and job applicants from discriminating based on race, color, religion, sex, and national origin.

Laws enforced by the Equal Opportunity Commission (EEOC) make it unlawful for federal agencies to discriminate against employees and job applicants based on race and other attributes.

Title VII protection covers all areas of employment decisions including recruitment, selection, terminations, and other decisions concerning terms and conditions of employment.

The Civil Rights Act of 1991

Under the Civil Rights Act of 1991, Title VII received amendments to strengthen federal laws while allowing discrimination victims to receive compensatory damages.

There were significant changes after the Civil Rights Act of 1991 such as provisions for jury trials under the Fairs Housing Act and the Americans with Disabilities Act (ADA) in discrimination cases.

The amendments to Title VII of the Civil Rights Act include:

• Disparate impact—a legal term referring to intentional discriminatory practices. Changes were made to make it easier for the plaintiff to establish this claim.
• Employer discrimination—amended clarity that an employer may be guilty of discrimination, even if the decision was based partly on a non-discriminatory motive.
• Compensatory damages—provides recovery of compensatory damages in federal cases of deliberate employment discrimination.

Section 1981 of the Civil Rights Act of 1866

Section 1981 of the Civil Rights Act of 1866 prohibits employers from creating race-based contracts that influence the employer-employee relationship.

The law involves all contractual aspects of employment relations like hiring, dismissal, and the terms and conditions of the employment relationship.

The Supreme Court concluded that this statute prohibits retaliation towards those who submit racial discrimination complaints.

Section 1981 guarantees that all people have the same right to retaliate against discrimination, including:

• Being able to sue 
• Acting within a party
• Providing evidence
• Benefit from laws and proceedings that protect people and property
• Be subject to the same punishment, taxes, licenses, etc.
• Enjoy all benefits, privileges, and terms of a contractual relationship

The law bans retaliation towards racial discrimination complaints, applying to all private employers and labor organizations.

Who is Protected From Race Discrimination?

All races including Whites, Blacks, Asians, Pacific Islanders, Native Americans, Native Alaskans, and other races are protected from racial discrimination. This also includes defending multi-racial and bi-racial rights from discrimination.

The laws enforced by the EEOC protect every race from harassment or discrimination in a workplace or towards an employee.

How to Report Race Discrimination

The primary government organization that covers racial discrimination claims in the workplace is the Equal Employment Opportunity Commission (EEOC).

It’s required to file a charge with the EEOC before you file an employment lawsuit to analyze the validity of your claim. Keep in mind the 180 calendar day time limit to file a charge with the EEOC.

Here are ways to file a claim with several other government organizations and their respective ways to reach them:

• Equal Employment Opportunity Commission (EEOC) – by calling (800) 669-4000 to discuss your situation and learn how to file a claim or visit their website to learn how to file a charge.
• Office for Civil Rights (OCR) – by visiting online or using the OCR Complaint Portal.
• The U.S. Commission of Civil Rights (USCCR) – by calling (800) 552-6843 or (202) 376-8513, or by emailing [email protected].
• The Department of Justice Civil Rights Division is where you can file a report online and receive a confirmation number and your report will be sent to staff for review.

You may also contact the State or Local Fair Employment Practice Agency (FEPA) if your state has one.

Filing your claim to a government agency allows you to use your report as evidence in your employment lawsuit. Call a racial discrimination attorney if you believe you qualify for damages and you need a specialist to analyze your case.

What is the Average Settlement for Racial Discrimination?

There is no average settlement for racial discrimination lawsuits as each case varies for each situation and type of claim. Settlements for racial discrimination can range from a few thousand dollars to millions depending on the severity of the case.

In a successful settlement, you may receive the following remedies:

• Back and front pay
• Job or benefit reinstatement
• Compensatory damages
• Emotional damages

Contact a race discrimination attorney to discover what damages you qualify for. Calling a legal specialist to organize your case may increase your chances for a higher settlement.

Find a Race Discrimination Lawyer With LegalASAP

Everyone deserves a healthy work environment free from discrimination. Sadly, employers misuse their authority time and time again by acting on their biases, ignoring job performance and merit.

If you believe you’re working in a hostile work environment or are a target for race discrimination, find an employment attorney with LegalASAP. We can help you find the right attorney within your state who can defend your employment rights.

Fill out a free quick consultation form and see if you qualify for your race discrimination claim. You may contact us for further questions or inquiries at 888-927-3080, and we will try our best to assist with your needs.