Racial discrimination in the workplace involves unfair treatment based on race and national origin, or perceived race and national origin. Attorney Dan Atkerson has also seen racial discrimination for unfavorable treatment based on the race or national origin of the employee’s spouse. Under federal and Texas discrimination law, discrimination based off race or national origin is prohibited. Mr. Atkerson has more than 32 years of experience as a racial discrimination lawyer, and has represented employees in and around Allen, TX, in race discrimination claims against employers of all sizes. If you have experienced discrimination in the workplace based upon your race or nationality, contact our firm today to discuss your legal options.
What is Racial Discrimination in the Workplace?
Race or national origin cannot be a determining factor in employment decisions. Under Title VII of the Civil Rights Act of 1964, it is illegal for an employer to discriminate based on race or national origin in such aspects of employment as:
- Hiring or firing
- Pay rate
- Job assignments
- Any other term or conditions of employment
You and your coworkers may be able to put an end to unfavorable treatment and adverse employment actions because of race. You can do so by holding your employer accountable for racial discrimination, discriminatory policies, and harassment based on race in the workplace.
Racial discrimination is not always obvious, nor does it apply solely to one group. Individuals of any race, including multi-racial individuals, can be victims of racial discrimination.
Examples of Racial Discrimination at Work
Racial discrimination can take many forms, but a few examples include:
- Segregation of the workplace by race
- Exclusion from workplace activities based on race
- Passing over an employee for a promotion in favor of another employee on the basis of race rather than merit
- Flagrant or casual use of racial epitaphs, ethnic slurs, or other derogatory comments
- Having a job position or the positions of others in the same racial group eliminated during layoffs, while employees of a different race keep positions or were reassigned to other positions
All employers are also responsible for ensuring that their policies are free from discriminatory language or practices. Racial discrimination is not always obvious, nor does it apply solely to one group. Individuals of any race, including multi-racial individuals, can be victims of racial discrimination. It is important to note that racial discrimination in the workplace is illegal. Additionally, employers cannot commit workplace retaliation against an employee who reports racial discrimination or who participates in a workplace discrimination investigation. Race or national origin cannot be a determining factor in employment decisions. It also does not need to be intentional for it to be illegal.
Section 1981 Race Discrimination Cases
Intentional racial discrimination is actionable under Section 1981 of the Civil Rights Act, which has no caps on compensatory and punitive damages, pre-suit Equal Employment Opportunity Commission filing requirement or 15 minimum number of employees requirement for coverage. This means that all non-federal workers facing race discrimination on the job have the ability to bring a claim against their employers within the extended statute of limitations for Section 1981, which is four years. However, filing a discrimination case under Section 1981 does not apply to federal employees or discrimination claims involving disparate impact.
Schedule a Consultation
If you feel like you have been discriminated against at your place of employment, attorney Dan Atkerson can provide sound guidance and aggressive litigation when necessary. Please send us a message or call us at (214) 383-3606 to schedule your consultation.