While times might have changed, racial discrimination has not – it has just become harder to identify. Nowadays, employers rarely use racial slurs or jokes due to the prevalence of discrimination suits against employers, co-workers, etc. For this reason, it is important to consult with attorneys who understand how to uncover hidden discriminatory actions and practices.
At Sethi & Mazaheri, our highly skilled attorneys are able to look beyond employers’ actions and find their underlying motives, namely discrimination based on race or race-related characteristics. If you believe you have been treated unfairly, suspended, fired, or were not considered for a promotion due to your race, our attorneys may be able to help you uncover any evidence of race discrimination.
What is Race Discrimination?
Race discrimination occurs when an individual is denied equal employment opportunities due to their race or race-related characteristics, i.e. skin color, hair texture, etc. Even racial slurs and/or jokes may constitute race discrimination if they create a hostile work environment.
It is also considered race discrimination when an individual’s employment is affected due to their affiliation with people of a certain race or with an organization associated with people of a certain race/color.
Examples of race discrimination include, but are not limited to, making jokes and/or comments about an individual’s race/color, displaying offensive symbols in the workplace, denying specific individuals overtime pay and/or bonuses, suspension without pay, wrongful termination, etc. These actions constitute race discrimination if they are related to an employee’s race/color.
An employer’s policies and/or practices that serve no job-related function or purpose other than to target employees of a specific race may also constitute race discrimination.
May I File A Claim Against An Individual of the Same Race?
Yes. Even if the individual who is discriminating is of the same race or color as the victim, it is still considered race discrimination.
What If My Race Discrimination Claim Leads To Retaliatory Action?
If a race discrimination claim were to lead to retaliatory action on behalf of the employer (i.e. wrongful termination), the company would be liable for damages such as lost wages and benefits.
When Can I File A Race Discrimination Claim?
Please note that in order to bring a race discrimination claim, the incidents must be either severe or occur in such a frequent matter that they create a hostile work environment. Teasing or infrequent jokes will not support a race discrimination claim.
An individual may file a claim as soon as these incidents lead to demotion or loss of employment. The EEOC generally requires an individual to file a complaint within 180 days of the most recent discriminatory act. Federal employees, on the other hand, must file a claim within 45 days.
If you believe you have been treated unfairly, suspended, fired, or were not considered for a promotion due to your race, call Sethi & Mazaheri at 646-397-1287 for a consultation.
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