Racial discrimination is prohibited by federal law, and often, states have enacted additional laws to help protect workers in their boundaries from racial discrimination in the workplace. If you have been the victim of racial discrimination by your employer, you should take action against them. You can recover compensation for your damages, and you can put a stop to such behavior.
Your employer has the obligation to make sure that everyone has the same opportunities in the workplace. If you believe that you are not getting the same opportunities because of your race, you should start gathering evidence and documentation to build your case against your employer right away.
Discrimination Can Come In Many Forms
There are many ways that discrimination occurs, and sometimes it is more obvious than others. Discrimination could be in the form of jokes, inappropriate remarks, and being denied promotions for which you are qualified and capable of doing. You will need to maintain a file of evidence and documentation that shows what happened and how it happened, so you can make sure that you get your claim on track.
As an example, your employer may make comments about hairstyles that are customary to your ethnic background or race, or your employer could make references to foods or meals that people of a specific race “should like or prefer.” You may be qualified for a promotion but turned down for the job and the promotion given to a new hire who is not qualified and who is of a different race. Often employers who racially discriminate have a track record indicating ongoing behavior consistent with the pattern.
Comments like “all you people” or “your kind” are also forms of discrimination as well. All employees should be treated equally regardless of race, and if you are qualified for a position, you should be given the same opportunity to advance. You will want to make sure you prove everything as it happened.
Evidence To Gather
The more evidence that you can gather to support your claim, the more likely you are to have a successful case. Be sure to keep any physical or digital communications, such as emails or text messages. Print out copies so you will have the hard evidence.
You should write down any instances where comments were made, and if there are audio or video recordings of any instances of discrimination then make sure you have copies of those submitted as evidence.
You will want to establish a history of the discriminatory behavior, so make sure you ask any witnesses who have seen the discriminatory behavior to provide detailed statements. Also, check to see if any coworkers or former employees have been subject to the same treatment and ask them to provide statements. The more evidence that you have to support your case, the more convincing your claim will be and the more likely you are to succeed with your claim.
You should document any complaints you have made to human resources or to supervisors. Note the response they made to your complaint and keep any correspondence. Also, be sure to detail any action that they took and what they did to resolve the matter or if they failed to act at all. These details can play a pivotal role in the outcome of your racial discrimination case against your employer.
Be sure to document everything and write down specific details and discussions. Make notes of any witnesses and indicate the dates and times of applicable events. Your records and evidence are a necessity for proving what happened and for helping you succeed with your claim against your employer. Discrimination is prohibited, and you must prove without a doubt that you were the victim of intentional discrimination.
Enlist the Help of a Professional
Any claims against employers involving harassment or discrimination can be challenging. You should speak with an employment law attorney who handles racial discrimination claims in your state.
An attorney will be familiar with the state and federal laws that apply to your situation, and with an attorney’s help, you are more likely to have a successful claim against your employer. Your lawyer will gather supporting evidence and documentation.
Some workplace racial discrimination attorneys take cases on a contingency basis, but others do require a retainer to be paid in advance. There is a statute of limitations for pursuing a claim against your employer if you have suffered discrimination, so make sure you get your claim underway before time runs out. Complete the Free Case Evaluation Form to ask for your free case review today.