Racial discrimination in the workplace is tragically common. A survey by the Trade Union Congress found that over 70% of ethnic minority workers report having experienced racial harassment at work. Around 60% of ethnic minority workers state that they have been treated unfairly by their employers.
The Law Regarding Workplace Discrimination
According to the U.S. Equal Employment Opportunity Commission, “race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race.”
All individuals are protected from racial discrimination in employment by Title VII of the Civil Rights Act of 1964 and the Equality Act of 2010, which defines discrimination as the “unwanted conduct related to [race], which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”
Employers should have workplace policies in place to protect against discrimination and employees should have an effective channel to present concerns or complaints about discrimination and see the necessary steps taken to rectify the situation. However, this isn’t always the reality. And while retaliation is prohibited by law, many employees fear that they will face additional unfair treatment if they bring a discrimination complaint against their employer, says Work Place Insight.
How Discrimination Manifests
Employees are protected by law from discrimination, but unfortunately, many employees still face discrimination at work. Do you ever feel like your workplace has contradictory characteristics? That you go to HR orientations and are presented with handbooks that seem to promote a discrimination-free workplace, but then your reality as an employee means you face discrimination? This is extremely unfair but extremely common.
Racial discrimination can take two forms, explains Glassdoor:
- Direct racial discrimination: overt and clear, such as racial slurs or jokes, harassment, bullying, or physical threats.
- Indirect racial discrimination: can include subtler race-based inequities in pay, job classification, promotions and layoffs, and/or the denial benefits such as training opportunities or flexible hours.
Workplace discrimination can come from a coworker or your employer and can manifest in ways such as:
- Wrongful termination
- Interview or hiring refusal
- Retaliation for filing a discrimination claim
- Denial of a promotion
- Failure to provide benefits
- Privileges or benefits that are extended to your peers but not to you
- Whether “direct” or “indirect,” racial discrimination can happen through offensive text messages or social media posts, or even on a coworker’s screen saver.
Discrimination can also result in emotional harm and psychological trauma. You have the legal right to go to work without fearing discrimination or suffering the monetary or emotional damages that can follow discrimination. Your employer is responsible for providing you a discrimination-free workplace. If that’s not happening, we’re here to make things right. The attorneys at Miller, Hampton, & Hilgendorf can help you pursue a claim against the responsible parties and get the compensation and justice you deserve!
Challenges of Racial Discrimination Cases
The most common challenge of discrimination cases is proving that discrimination happened. All too often, when an employer discriminates against an employee and the employee challenges it, the employer just cites a different, non-racial cause for the employment action. Often the employer will lie in an attempt to cover up their discriminatory actions. Normally it takes an experienced attorney to dig into the details of the case and find evidence that the employer is lying and that racial discrimination did occur. As a law firm well-versed in Louisiana employment and discrimination law, and with experience in many different types of discrimination cases, we can get to the bottom of your case and find the necessary evidence in your favor! You have the right to challenge racial discrimination, and we’re here to protect that right and help you win your case.
How to Prove Your Employer Was Discriminating Against You
If you believe you have a discrimination case in Baton Rouge, Miller, Hampton, & Hilgendorf can find the evidence that you:
- Are in a protected class
- Are qualified for a job or are performing it adequately.
- Were denied a job benefit or subjected to a negative job action
- Have peers of a different race who received benefits
We can examine your employer’s documented communication, workplace records, statements from witnesses, and many other sources to find evidence that proves you were discriminated against.
We’re Here For You
Sometimes, proving a discrimination case can be tricky. Taking legal action against your employer can feel intimidating. But our legal team is prepared to support you and fight for you every step of the way!
We have taken on some of the largest companies in the Baton Rouge area and we are equipped to fight for your rights too! Contact us at 225-343-2205 or online.
3960 Government St.
Baton Rouge, LA 70806