Workplace Race Discrimination Lawyers

Race discrimination in the workplace is a serious issue that continues to affect employees across various industries. Despite legal protections, many individuals still experience unequal treatment based on race, color, or ethnicity. 

Race discrimination at work can take many forms, from overt racial slurs to more subtle actions like unequal pay or promotions. Regardless of its severity, it is illegal in the workplace.

What Is Race Discrimination?

Race discrimination occurs when an employee is treated unfavorably because of their race, skin color, ethnic background, or national origin. This unfair treatment can happen at any stage of employment, from the hiring process to promotions, work conditions, or termination. Discrimination based on race is illegal under several federal and state laws, but it still occurs in workplaces across the United States.

What Are Types of Race Discrimination in the Workplace?

Race discrimination can manifest in various ways, some obvious and others more covert.

Discriminatory Hiring Practices

Race discrimination can begin during the hiring process when employers make decisions based on race rather than qualifications. This could include rejecting candidates from certain racial or ethnic backgrounds, requiring different qualifications for minority applicants, or conducting biased interviews.

Unequal Pay and Benefits

If employees of different races are paid differently for the same work or offered unequal benefits, this could be a sign of race discrimination. For example, if a company consistently pays white employees more than employees of color for doing the same job, it is engaging in discriminatory practices.

Discriminatory Promotion or Advancement Opportunities

In some cases, race discrimination manifests in a company’s promotion practices. If employees of a certain race are passed over for promotions or are given fewer opportunities for advancement despite having the same qualifications as their colleagues, this is a form of race discrimination.

Harassment Based on Race

Harassment is another form of race discrimination, and it includes any unwelcome conduct based on race, such as racial slurs, jokes, or derogatory remarks. Harassment can create a hostile work environment that affects the employee’s ability to do their job and may even lead to mental health issues like anxiety or depression.

Discriminatory Job Assignments or Work Conditions

Race discrimination may also occur when employees of different races are given undesirable job assignments or worse working conditions. This could involve assigning certain employees more menial tasks, dangerous work, fewer shifts/hours, or undesirable shifts based on race.

Wrongful Termination

An employer might terminate an employee based on race rather than performance or qualifications. This could involve firing employees of a certain race at higher rates or using pretextual reasons to justify a termination when the real motive is race-based.

What Laws Protect Employees From Race Discrimination?

Federal and state laws protect employees from racial discrimination in the workplace. Understanding these laws can help you determine if your rights have been violated.

Title VII of the Civil Rights Act of 1964

Title VII is the primary federal law prohibiting race discrimination in the workplace. It makes it illegal for employers with 15 or more employees to discriminate based on race, color, religion, sex, or national origin. Title VII applies to all aspects of employment, including hiring, firing, pay, promotions, benefits, and other employment terms and conditions.

The Civil Rights Act of 1866 (Section 1981)

Section 1981 of the Civil Rights Act of 1866 prohibits race discrimination in the making and enforcement of contracts, which includes employment contracts. Unlike Title VII, Section 1981 applies to all employers, regardless of size, and it covers both public and private employers.

State and Local Anti-Discrimination Laws

Many states and municipalities have their own laws that provide additional protections against race discrimination. These laws may offer broader coverage, stricter penalties, or extended filing deadlines than federal law. For instance, some states may have anti-discrimination laws that apply to smaller employers or expand types of discrimination.

What Are Signs of Race Discrimination in the Workplace?

Recognizing race discrimination is the first step in addressing it. Some signs to look out for include:

• Biased Hiring Decisions: If you notice that a company consistently hires individuals of a certain race or ethnicity while rejecting equally qualified candidates from other racial backgrounds, it could be a sign of discriminatory hiring practices.
• Pay Discrepancies: Unequal pay for employees of different races who hold similar positions and have comparable experience or qualifications can signal race discrimination.
• Exclusion from Advancement: Being consistently passed over for promotions or career development opportunities while less qualified colleagues advance could be a sign of discriminatory practices.
• Racial Harassment: Any racially charged jokes, comments, or actions that create an uncomfortable or hostile work environment should be taken seriously as a potential form of discrimination.
• Unequal Work Conditions: If certain racial groups are regularly assigned less desirable tasks, shifts, or work conditions, it may be evidence of race discrimination.
• Retaliation: If an employee faces negative consequences (e.g., demotion, termination, or increased scrutiny) after reporting race discrimination or harassment, it could be an indication of unlawful retaliation.

Can I Be Discriminated Against for More Than One Reason?

Intersectional discrimination occurs when race is combined with other factors like gender, age, disability, or sexual orientation, resulting in compounded discrimination. For example, a Black woman might face both racial and gender discrimination simultaneously, leading to different and often more severe treatment than that faced by a Black man or a white woman. Intersectionality acknowledges that people experience discrimination differently based on multiple, overlapping identities.

Recognizing intersectional discrimination is important because it often results in unique challenges that traditional legal approaches may overlook. If you’ve experienced intersectional discrimination, working with an attorney who understands these dynamics is critical for building a comprehensive case.

What Is the Impact of Race Discrimination on Mental Health and Job Satisfaction?

Race discrimination not only impacts career advancement and earnings but also takes a significant toll on an individual’s mental health and overall job satisfaction. Constant exposure to discrimination and harassment can lead to:

• Chronic stress and anxiety from being subjected to unfair treatment or harassment.
• Depression due to exclusion, isolation, or a feeling of being undervalued in the workplace.
• Low job satisfaction and disengagement from work because of a hostile or unwelcoming environment.
• Decreased productivity and performance due to stress-related health conditions.

The emotional toll of discrimination can make it challenging for individuals to perform at their best and may even lead to burnout. Employers must recognize these impacts and work to eliminate discrimination in order to create healthier and more productive workplaces.

What Should I Do if My Company Retaliates Against Me for Reporting Discrimination?

Retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting race discrimination, filing a complaint, or participating in an investigation. Retaliatory actions might include termination, demotion, reduction in pay, or other negative employment actions that wouldn’t have occurred had the employee not raised concerns about discrimination.

The law protects employees from retaliation. Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws explicitly prohibit retaliation against employees who assert their rights to a discrimination-free workplace. If you believe you’ve been retaliated against, it’s important to document the adverse actions taken against you and consult with an attorney to explore your legal options.

What Should I Do if I Experience Race Discrimination?

If you believe you’ve been a victim of race discrimination in the workplace, there are several steps you can take to protect your rights and build a case. Firstly, document everything. Keep detailed records of discriminatory incidents, including dates, times, locations, and any witnesses present. If the discrimination involved written communications, such as emails or text messages, be sure to save those as well. Documentation is critical for building a strong case.

Most companies have procedures for reporting discrimination or harassment. Follow your company’s policy by reporting the incident to human resources or your supervisor. If your company has no such procedure, or if your report is ignored, consider filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s anti-discrimination agency.

Consult with an experienced employment attorney at Morgan & Morgan who specializes in race discrimination cases. They can help you understand your rights, gather evidence, and file a complaint with the appropriate agencies. An attorney can also advise you on the best course of action and whether you have a viable legal claim.

Next, you should file your complaint. An attorney at Morgan & Morgan can assist you, as this process can be complex and incorrectly filing a complaint can lead to major setbacks—even if you hire an attorney later on. 

To file a race discrimination lawsuit, you must first file a charge with the EEOC or your state’s equivalent agency. This charge is a formal complaint that triggers an investigation into the discrimination. The EEOC will investigate your claim, and if they find evidence of discrimination, they may take action on your behalf or allow you to pursue a lawsuit.

If the EEOC or state agency concludes that race discrimination occurred, or if they issue you a "right-to-sue" letter, you may file a lawsuit against your employer in state or federal court. Compensation in race discrimination cases may include back pay, front pay, emotional distress damages, punitive damages, and attorney’s fees.

Morgan & Morgan’s discrimination lawyers are here to help and file your complaint on your behalf to avoid delays and risks to missing deadlines.

How Can Morgan & Morgan Help?

If you’ve been a victim of race discrimination, you don’t have to face it alone. Morgan & Morgan’s experienced discrimination attorneys are here to provide the legal support you need to challenge unfair treatment and protect your rights. Contact us today for a no-obligation free case evaluation to discuss your case and explore your legal options.