Our practice is dedicated to assisting individuals who have been a victim of discrimination in the workplace.
Discrimination Based on Race
There is a deep history or racism in the United States, and although many positive steps have been made in an effort to reconcile with that history, racism still exists in all facets of our society, including in the workplace. Despite both Federal and State laws that prohibit racial discrimination in the workplace, instances of discrimination still frequently occur.
Discrimination based on race occurs when an employee is being treated differently based on race or racial characteristics. Such characteristics may include skin color, facial features, hair texture, or other physical features associated or attributed to race. An employee may also experience racial discrimination based on the race of their spouse, or children. Racial discrimination does not have to occur between individuals of different races.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race or color. Indiana also has similar laws at the state and local levels that prohibit race/color discrimination.
Some examples of racial discrimination include, but are certainly not limited to the following:
– Racist jokes
– Threats of violence based on race
– Stereotyping or Microaggressions based on race or culture
– References to racial tropes or use of racial slurs
– Failure to hire or promote based on race
Racism in the workplace can be overt or subtle and can be proved based on direct or circumstantial evidence. For example, an employee that repeatedly uses the N-word when talking about Black employees is direct evidence of racial discrimination. Circumstantial evidence can also be used to prove employment discrimination. An example might be a company that fails to promote Black or Hispanic employees to management positions. This might be proved by analyzing the racial composition of the overall workforce in comparison to those in supervisory positions. If only white employees are getting promoted, when otherwise qualified Black or Latino employees are not, it may be discrimination.
Racial discrimination can take many forms. Often it may just come as a feeling to the victim of racial discrimination. It is important to report those feelings of discrimination to those who are in charge. Most employers have policies that prohibit racial discrimination, as well as actions that employees must take when they believe they are a victim of discrimination.
Finally, the law distinguishes between racial discrimination by a co-worker as opposed to a manager or supervisor. It is important to review your employer’s policy on racial discrimination and how to report it.
If you have questions or concerns about racial discrimination at work, it is important to contact an experienced attorney who can advise you of your rights and responsibilities. Call our Discrimination Attorney, Chip Clark, now for FREE consultation. —>>>
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Attorney with a focus on Discrimination in the Workplace