Race Discrimination Lawyers
Do you believe your race was a factor in:
- Your demotion or termination?
- Your employer’s refusal to promote you?
- A pay difference between you and a co-worker of a different race?
- A prospective employer’s denial of employment?
- Workplace harassment at the hands of your boss, supervisor or co-worker?
If so, then you may have been the victim of racial discrimination. Racial discrimination occurs when you are treated differently because of your race, ethnicity, skin color, or national origin. You are protected from such discrimination in all aspects of the employment process. Working with an employment discrimination attorney like those at KM&A can help you to stand up for your rights and work toward a successful outcome.
What is race discrimination?
Title VII of the Civil Rights Act of 1964, the Pennsylvania Civil Rights Act, and the Civil Rights Act of 1866 make it unlawful for employers to discriminate on the basis of race in connection with hiring, firing, demotion, promotion, and compensation, and other terms and conditions of employment. Discrimination on the basis of ancestry, physical characteristics (such as color or features associated with a certain race) and culture are all considered racial discrimination. A race discrimination lawyer is familiar with these laws and will know the best way to present your case.
Racial discrimination claims are usually categorized as either disparate treatment or disparate impact. Disparate treatment discrimination is unfair treatment in the workplace on the basis of race. The majority of race discrimination claims arise from allegations of disparate treatment. A race discrimination lawyer can help you collect evidence of disparate treatment in the workplace. Any evidence you are able to preserve will make a stronger case for the race discrimination lawyer to present. Disparate impact discrimination occurs when a company policy discriminates against or has a significant negative impact on a particular race or protected group. Disparate impact claims do not require proof of an intent to discriminate. An experienced race discrimination lawyer can examine policies and determine if they have a disparate impact. If they do, working with a race discrimination lawyer can ensure that the proper procedure is followed for filing a complaint.
What are some examples of racial discrimination in the workplace?
Examples of racial discrimination can include unfair treatment in the workplace involving:
- Unfair hiring processes that rely on racial stereotypes
- Unfair selection of employees when downsizing
- Precluding employees from promotion on the basis of race
- Requiring or only allowing employees of certain races to work overtime
- Differential pay on the basis of race
- Wrongful discharge in retaliation for reporting racial discrimination
- Racial harassment, such as racial slurs, racial jokes or other prejudicial conduct that creates a hostile work environment
Likewise, employers may not retaliate against individuals who have complained about race discrimination or refused to participate in discriminatory employer practices. If you believe that you were retaliated against for complaining about racial discrimination, contact an employment discrimination lawyer. A race discrimination lawyer will help you end the retaliation through demand letters, negotiations, and by filing a lawsuit if necessary.
What if my employer has policies regarding racial discrimination?
Your employer may have policies regarding racial discrimination in its handbook. These policies can include reporting requirements and may require you to follow a certain procedure. You should follow these procedures and document your actions in writing. It is most likely unnecessary to involve a discrimination attorney in your case at this point. However, you may choose to do so if you are facing resistance to filing your complaint. Failure to follow your employer’s internal procedures may lead to a denial of damages, so it is important to make sure you have taken advantage of these internal processes.
If you follow the proper reporting policies at your workplace and see no improvement in treatment, it is time to contact a discrimination attorney. An experienced racial discrimination attorney can help you take the next steps to resolve your situation. These steps may include filing a claim, sending a demand letter to your employer, negotiating with your employer, or other appropriate actions. Working with a racial discrimination attorney will help you get a favorable outcome when following the reporting procedures failed to do so.
What if I was punished because of my associations with persons of a particular race?
If your spouse or friends are of a race that your employer dislikes and that employer takes damaging actions against you at work for that reason, you may have a valid claim for racial discrimination. Keep track of any comments that are made to you about your associations and consult with a discrimination lawyer. Claims such as these may be difficult to prove since most of the evidence is likely to be indirect (spoken instead of written, etc.). By working together with an experienced race discrimination lawyer, you can be sure you are presenting your claim in a manner which utilizes all available evidence. A race discrimination lawyer may be able to contact other employees who have witnessed discriminatory practices. These witnesses can be very helpful to discrimination claims, but some people may not feel comfortable speaking up unless they know a race discrimination lawyer is involved for fear of subjecting themselves to similar treatment.
What kinds of remedies are available to me?
Many instances of racial discrimination can be resolved quickly by discussing the problem with your employer. If a discussion does not result in resolution of the issue, a discrimination claim can be filed with either the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC). If filing a claim with one agency or the other still does not result in a satisfactory solution, talk to an experienced racial discrimination attorney at KM&A. We can provide highly qualified legal professionals to advocate on your behalf against race discrimination.
Why should I have a racial discrimination attorney?
Sometimes, a discrimination attorney is capable of obtaining an outcome that you would not otherwise be able to achieve. Having a racial discrimination attorney involved in the case may prompt an employer to change its policies and/or behavior without the need to file a formal complaint. An experienced racial discrimination attorney who is used to investigating may be able to find additional supporting evidence for your claim.
Additionally, a discrimination attorney will make sure that you do not miss any filing deadlines. It is important to file your claims with the appropriate offices within a certain time frame, and a racial discrimination attorney is used to meeting those deadlines. If your case progresses to a lawsuit, having a discrimination attorney on your side is crucial.
When should I contact a racial discrimination attorney?
There is a limited time in which you can bring a claim for discrimination, harassment, or retaliation. You must file your claim with the EEOC within 180 days of the last act of discrimination. However, if you file a claim with the PHRC within 180 days of the last act of discrimination, your deadline to file a claim with the EEOC is extended to 300 days of the last act of discrimination. A race discrimination lawyer at KM&A can help you to successfully navigate this process.
The sooner you contact a race discrimination lawyer, the better. A discrimination lawyer will be able to discuss your options with you and figure out the best way to proceed.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 610-616-5686. KM&A can be reached by email at email@example.com.