Race Discrimination at Work
What Qualifies as Race Discrimination at work?
Race discrimination in employment refers to the practice of treating individuals differently in the workplace based on their race. This can include denying opportunities for promotion, unfairly evaluating job performance, or creating a hostile work environment. Race discrimination can also occur when an employer uses a hiring or promotion process that disproportionately excludes individuals of a particular race.
Here are a few examples of race discrimination in the workplace:
Denying employment opportunities: An employer may deny a job to an individual based on their race, rather than their qualifications or experience.
Pay disparities: An employer may pay individuals of different races differently for the same work, even if they have the same qualifications and experience.
Segregation: An employer may assign individuals of a particular race to certain tasks or areas of the workplace, rather than allowing them the same opportunities as their colleagues.
Harassment: An employer or coworkers may create a hostile work environment by making racial slurs or jokes, or by otherwise targeting an individual because of their race.
Promotions: An employer may deny promotions or opportunities for advancement to individuals based on their race, rather than their qualifications or performance.
Termination: An employer may terminate an individual's employment based on their race, rather than their job performance.
If you believe that you are being discriminated against at work based on your race, there are a few steps you can take:
Document the discrimination: It is important to keep records of the incidents of discrimination, including dates, times, and any witnesses who may have observed the discrimination. This documentation will be important if you decide to file a complaint or lawsuit.
Report the discrimination: If you feel comfortable doing so, you can try speaking with your supervisor or human resources representative about the discrimination you are experiencing. They may be able to help address the issue internally. If you do not feel comfortable speaking with your supervisor or HR, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Consider legal action: If you have experienced significant discrimination and have been unable to resolve the issue through internal channels, you may want to consider filing a lawsuit against your employer. It is important to note that there are time limits for filing a lawsuit, so it is important to act promptly if you wish to pursue this option.
It is important to remember that race discrimination is illegal under federal law and most state laws. If you are being discriminated against at work based on your race, you have the right to take action to protect your rights and seek justice.
What Laws Apply to Workplace Race Discrimination
Section 1981
Section 1981 of the Civil Rights Act of 1866 is a federal law that prohibits race discrimination in the making and enforcing of contracts. This law applies to employment contracts, as well as contracts for goods and services.
Under Section 1981, it is illegal for an employer to discriminate against an individual because of their race in the hiring process, or in the terms and conditions of their employment. This includes denying employment opportunities, pay disparities, segregation, harassment, and other forms of discrimination.
Section 1981 also prohibits racial discrimination in the making and enforcing of contracts for goods and services. This means that a business cannot discriminate against an individual because of their race when entering into a contract, or when enforcing the terms of a contract.
Individuals who believe they have been the victim of race discrimination in the making or enforcing of a contract can file a lawsuit under Section 1981. If successful, they may be able to recover damages, including back pay, lost wages, and other forms of compensation.
It is important to note that while Section 1981 applies to all races, it is primarily used to protect the rights of individuals who are African American or of African descent.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. This law applies to employers with 15 or more employees, as well as employment agencies and labor organizations.
Under Title VII, it is illegal for an employer to discriminate against an individual because of their race, color, religion, sex, or national origin in the hiring process, or in the terms and conditions of their employment. This includes denying employment opportunities, pay disparities, segregation, harassment, and other forms of discrimination.
Title VII also prohibits employers from using employment practices that have a disproportionately negative impact on individuals of a particular race, color, religion, sex, or national origin, unless the practice can be justified as a business necessity.
Individuals who believe they have been the victim of employment discrimination under Title VII must file a complaint with the Equal Employment Opportunity Commission (EEOC) before they can file a lawsuit. The EEOC will investigate and then, typically, issue a "Right to Sue" letter, allowing the individual to file a lawsuit against the employer.
What Types of Damages Are Available in a Race Discrimination Lawsuit?
If an individual is successful in a race discrimination case brought under Title VII of the Civil Rights Act, they may be able to recover damages. The types of damages available in a race discrimination case may include:
Back pay: This is the amount of wages and benefits that an individual would have received if they had not been the victim of discrimination. This includes pay raises, promotions, and other forms of compensation that the individual would have received if they had not been discriminated against.
Front pay: This is the amount of wages and benefits that an individual is likely to lose in the future as a result of the discrimination. This may be awarded if an individual is unable to return to their previous position or if the discrimination is likely to continue in the future.
Compensatory damages: These are damages that are intended to compensate an individual for the emotional harm and suffering they have experienced as a result of the discrimination. This may include damages for pain and suffering, loss of enjoyment of life, and other non-economic damages.
Punitive damages: These are damages that are intended to punish an employer for particularly egregious or malicious conduct. Punitive damages are only available in rare cases where the employer's conduct is found to be particularly harmful or malicious.
It is important to note that the types of damages available in a race discrimination case will depend on the specific circumstances of the case and the laws of the state where the discrimination occurred. An individual who has experienced race discrimination may want to consult with an experienced employment discrimination attorney to understand their rights and potential damages in their specific case.
