What is Racial Employment Discrimination?
Racial employment discrimination refers to unfair treatment from an employer in a manner that disregards local, state, or federal laws. The inappropriate treatment is based on race. Such unfair treatment generally encompasses issues like amount of pay, firing, hiring, promotions, job assignments, and training opportunities. If a person is being racially discriminated against at work, there are some steps that he or she can take to address the situation. These could include talking with an employment attorney.
Examples of Discrimination At Work
There are many different types of employment-related discrimination. Here are a few examples of what this can look like in practice:
A hotel might refuse to hire an applicant who is qualified for a job because of the national origin or race of the applicant
An employer could fire an employee who is Latino because of a mistake he made in his job performance while not firing a white employee who committed the same error
An African American employee might suffer from being the brunt of undesirable jokes or racial comments at work. Even after this employee reports such jokes or racial remarks with the supervisor, the racial harassment does not stop
Difficulties of Proving Racial Discrimination Exist
The examples above appear to be clear cut instances of racial discrimination. Unfortunately it is not always so easy to prove that it exists. There is a difference between personal observation and the ways that an employer can attempt to rationalize various company decisions that seem to be racially biased.
For example, employers can attempt to rationalize a promotion decision, claiming that an employee with less experience demonstrates exemplary work that deserves to be rewarded. They could also state that another minority employee was overlooked because their work was below standards, not as a result of their race. This is why it is critical for individuals who feel they are suffering from racial discrimination in the workplace to follow certain steps.
Gather Information on the Employer
A first step for people to take if they feel racial discrimination is affecting them personally is to gather information on their employer. To learn what specific steps a person can take, it is critical to gather the following facts:
Critical information on the employer including what they make or do, who they are, and the number of employees at the company
Specific policies, rules, or agreements that the employer has in force that could impact options, such as a contract of employment
Potential deadlines that could impact the racial discrimination claim. An employment lawyer would know this information
Keep Detailed Records
Individuals who feel they have suffered from this kind of racial discrimination at work next need to keep detailed and accurate records on where, how, when, and why they believe the discrimination took place. Having information like times, dates, and all parties involved can be essential in furthering an investigation into the complaint. Once the victim has gathered such information on the company and the incidents of discrimination, it is time to talk with someone at the company. Victims might do this on their own, or in cases where they feel uncomfortable with the help of west coast employment lawyers.
Talk With Supervisors or Higher Superiors
It can be helpful to discuss a racial discrimination incident with a supervisor. There are cases when this is not practical, such as when the supervisor is the party discriminating. In these scenarios, it is a good idea to discuss the issue with the supervisor’s superior. Victims can talk about the discrimination they faced and what the superior might be able to do to address it. There are cases when such discrimination can be effectively resolved so that everyone involved is satisfied with the outcome.
File An Employment Discrimination Claim
If reviewing the issue with supervisors or higher superiors does not redress the racial discrimination at work, then it is time to file a claim of employment discrimination against the company. These complaints are also called charges. The government agency that has responsibility for such claims is called the Equal Employment Opportunity Commission. Their role after receiving a claim is to investigate a discrimination complaint to decide if racial discrimination incidents occurred. The Commission deals with federal law charges.
Each state also has its own agency for state level complaints. The state agencies are able to help move a complaint along to the best place thanks to their information sharing arrangements they have with the EEOC. As an example, if a victim files a complaint with the EEOC that is covered by federal law, the EEOC may also decide that state (or local) law covers the incident. In this case, they would also contact the appropriate state (or local) agency that handles these charges. Similarly if a victim files a state law-based complaint with a state agency and federal law also covers the complaint, then the state agency could notify the EEOC as well. Even local anti-discrimination agencies can investigate violations at a state or federal level. In any case, a racial discrimination attorney can help this complaint filing.
It could be sensible to file the charge with the agency that offers the least amount of waiting time. Discrimination victims can contact each of the agencies and query about the length of delay before the complaint will be reviewed. There are other things to consider in determining which agency or law to utilize. This is why it is a good idea to discuss it with west coast employment lawyers who specialize in workplace discrimination law. An attorney will set up the most appropriate legal strategy after considering an individual’s scenario.
Union Members Can Consider Other Options
For victims of workplace discrimination who are union members, there are likely addition protections and rights in their organization contract that are stronger than the federal and state laws. The first step for a union member who feels that he or she has suffered such discrimination or retaliation for bringing up a complaint is to contact the union representatives. They will readily know if the union can provide assistance. It is important to do this as quickly as is practical because time limits for these incidents can be short.
Dealing With Employer Arbitration Agreements
A number of employers will require that their employees sign arbitration agreements when they start work. Such agreements will state that if an employee possesses any legal claims against the company (such as discrimination), the employee is not able to sue the employing company in court. The employee has to agree to utilize the arbitration process of the employer.
This arbitration is a means of resolving such legal disputes without involving courts. Usually a private lawyer will take on the role of arbitrator (in place of a court judge). The arbitrator is responsible for issuing the final decision on the best way to remedy the dispute. Arbitration agreements are legal. The exceptions ire if the company arranges an arbitration process that has unfair bias in favor of the employer or if it alters the law in some way.
It is important for employees who feel they have been racially discriminated against in the workplace to determine if they signed such an arbitration agreement. This could have been signed at any point in employment, though employees typically sign them upon being hired. Arbitration arrangements typically have their own timelines and procedures.
In cases where victims have signed such an arbitration agreement, they should talk with a racial discrimination attorney at their earliest convenience. The attorney will be able to determine if the arbitration process will be mandatory and to help the victim to correctly follow the necessary procedures of that particular arbitration. For more help with racial discrimination in the workplace, contact west coast employment lawyers.