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What is Race Discrimination?
Forms of Race Discrimination?
How Do I Know if I Need a Race Discrimination Attorney?
What Should I Do If I’ve Been Discriminated Against Based on Race?
The Race Discrimination Lawyers at Jackson Spencer Can Help

Workplace race discrimination is the practice of treating people differently because of their race. Race discrimination in employment can involve unfair treatment based on an individual’s racial background and may cause economic and social hardship to victims. While similar to race discrimination, discrimination on the basis of color or national origin has distinct meanings. Color discrimination involves unfair treatment based on the color of an individual’s skin (e.g., light-skinned or dark-skinned), even between individuals of the same race. National origin discrimination involves discrimination based on the country an individual was born in or even based on an individual’s ancestry or ethnic background.

Race, color, and national origin discrimination in both the hiring process and employment is unlawful. 42 U.S.C. Section 1981 guarantees non-white citizens the same rights to make and enforce contracts (including employment contracts) as white citizens have. Title VII of the Civil Rights Act of 1964 prohibits discrimination in both the private and public sectors in hiring, promotion, compensation, and other terms and conditions of employment. The Civil Rights Act of 1991 expanded Title VII to include race-based harassment claims in the workplace.

• Employment decisions that negatively affect employees or applicants based solely on their race, racial background (including any racially-specific cultural background), or skin color (including relative darkness or lightness of an employee’s skin).
• All racial jokes and racial slurs made to an employee’s face, as well as racial teasing and bullying of employees at work by other workers.
• Racial harassment doesn’t have to be only to the victim’s face. Racial insults, jokes, and slurs about racial groups behind their back can also be part of racial discrimination at work (in addition to written notes containing racial insults).
• Disparate treatment of racial or ethnic groups in terms of recruitment, hiring, training, promotion, compensation, and layoffs (except when part of a legitimate affirmative action policy).
• Employers who select persons for layoffs based on biases or stereotypes against an individual’s race, color, or national origin.
• Employers who adversely affect the employment of its employees who are perceived to be part of certain racial groups or who exhibit characteristics that are racially and culturally specific (such as employees who speak with a particular dialect or accent, or employees who have culturally specific clothing or hairstyles.)

It’s worth noting that most workplace race discrimination is not overt or easily detectable by employees. Discrimination may manifest in more subtle ways, leaving victims questioning whether they are being discriminated against. An experienced race discrimination attorney can help you determine if you have a valid claim for race discrimination and weigh the pros and cons of filing a complaint against your employer.

If you’re facing race discrimination, it’s important to know what your rights are under the law. You may be surprised to learn that race discrimination can come in many forms and that there are several ways to fight back against unfair treatment.

Sometimes discrimination is easy to identify, such as when a racial slur is used. However, race discrimination often comes in more subtle forms that are harder to recognize.

If you suspect race discrimination has occurred, consider these questions:

• Do you feel like you’ve been unfairly not hired for a position because of your race and been given “lip service” in an interview for the employer to meet diversity initiatives?
• Do you believe that your racial background is the reason you were passed over for a promotion?
• Do you often find yourself encountering racial preferences and stereotypes in your workplace?
• When race comes into conversations at work, do others refuse to speak openly about it or try to change the subject? Does management use aphorisms to try to diminish conversations about race, such as,. “We’re all just the human race,” “I think we’re all just American,” or, “I don’t see color”?
• Have you been subjected to microaggressions rooted in racial stereotypes, such as, “You’re so articulate,” “You’re a credit to your race,” or, in response to talking about your place of birth, “No, where are you originally from?”
• When attempting to bring up issues of racial inequity in the workplace, have you been dismissed with phrases like, “You’re seeing things that aren’t there,” “You’re making a big deal out of nothing,” or, “Why does everything have to be about race with you?”
• Have you been asked to alter your natural dialect, been told that your accent is difficult to understand, or been limited in your interactions with customers or management because of your dialect or accent?
• Have you been told that your communication style is “confrontational” or that you are “angry” or “hostile,” even though other people of a different race use an identical communication style and have not been given the same feedback?

The answers to these questions may help you identify if you are being subjected to discriminatory behavior at work, but the best way to determine whether workplace activity is discriminatory is by speaking with an experienced attorney. At Jackson Spencer Law, we offer free, no-obligation consultations to help you determine if you have a claim and how to maximize your chances of legal success.

Racial, color, and national origin discrimination claims can be complex, especially when facing your employer’s legal team. Your employer’s human resources department may try to downplay your concerns or convince you not to file a complaint. This is where it helps to have the guidance and expertise of employee rights lawyers who are willing to fight on your behalf.

If you think racial discrimination is taking place, it’s important to act right away to protect yourself. Race discrimination can result in extremely negative consequences for your career. The longer you go without acting, the harder it will be to fight back against race discrimination. Also, victims of discrimination only have a limited time to file a complaint.

If you are the victim of race discrimination in the workplace, it may be extremely difficult to determine your next course of action. The racial discrimination lawyers at Jackson Spencer Law can offer advice on how to proceed if you feel you have been discriminated against.

We will assess whether actionable race discrimination has occurred and explain what remedies are available. We can also help investigate your case and attempt to resolve it through mediation, arbitration, or litigation. Depending on your situation, we can assist you in recovering monetary damages.