Standing Up Against Workplace Unfairness: What the Law Actually Protects
Did you know that workplace racial discrimination is more prevalent than most employees realize?
And why do you think that is?
Because most workers don’t understand what the law actually covers. They suffer in silence, keep their heads down, and hope it’ll stop.
But it almost never does.
The reality is that there are numerous laws protecting employees from racial discrimination in the workplace. But understanding what those laws are — and when they can be used — is crucial to making them work for you.
What’s Covered In This Article:
- What Qualifies as Discrimination at Work?
- Laws That Protect You
- Real-Life Examples of Racial Discrimination
- Steps to Take When Discrimination Occurs
- Why Time Matters
What Qualifies as Discrimination at Work?
Workplace discrimination based on race occurs when someone is treated unfairly because of their race, skin color, or ethnic origin.
There are a number of ways this unfair treatment can manifest:
- Being denied a promotion without explanation
- Receiving a lower pay rate than others doing the same job
- Experiencing unjust punishment or biased performance reviews
- Harassment or intimidation on the job
- Being terminated without just cause
Here’s the thing…
It doesn’t have to be overt to be illegal. Subtle, repeated behavior that contributes to a hostile work environment is just as actionable as an explicitly racist termination.
In fact, racial discrimination claims account for 28.6% of all charges filed with the EEOC. They are some of the most common forms of employer violations in the workplace today.
If facing this situation feels isolating, know that it isn’t uncommon. Speaking with a Georgia Discrimination Lawyer can help clarify both what the law covers and what options are available. Racial discrimination at work is not something employees have to face alone.
Laws That Protect You
The Federal Government has put laws into place to protect employees from discrimination in the workplace.
They aren’t lesser known statutes either. These laws are:
- Established
- Enforced
- Designed to be followed.
Let’s take a look.
Title VII of the Civil Rights Act: Prevents employers from discriminating against workers based on race, color, religion, sex, or national origin.
Sec. 1981 of the Civil Rights Act: Banned employment discrimination on the basis of race in 1866. Gives everyone the right to make and enforce contracts without prejudice.
Equal Pay Act: Requires employers to pay employees who perform the same work the same salary.
Individual states also have laws that protect employees from racial discrimination at work. Some are stronger than others, but they all go above and beyond federal law.
The above legislation applies to companies with 15+ workers.
They also apply to harassment and punishment.
That last one is incredibly important.
Punishment, also known as retaliation, means an employer cannot legally fire or harass someone for filing a complaint about racial discrimination. If they do retaliate? That’s a whole other legal issue on top of the original complaint.
Real-Life Examples of Racial Discrimination
Here’s where things start to get murky for many employees.
Discrimination in the workplace doesn’t always look like overt racism. More often, it’s subtle — and much harder to prove if you don’t know what you’re looking for.
Take a look at these examples:
- A supervisor intentionally giving employees of certain races worse jobs to do
- Writing up a minority employee for behavior white employees engage in and aren’t punished for
- Racially insensitive jokes that management refuses to stop
- Overlooking qualified applicants for positions in favor of less qualified ones
Here’s a statistic that might shock you…
Job seekers with “white” names are 50% more likely to get a call back than those with “black” names. That’s according to research done on identical resumes sent out with the only difference being the name of the applicant.
Yep. Discrimination can happen before someone even walks through the employer’s door.
A hostile work environment is another example many people don’t realize is illegal. If jokes, actions, or comments are so bad (and based on race) that they make it impossible to do a job, there is a case to be made.
Steps to Take When Discrimination Occurs
Enough of the what lets talk about the how.
If discrimination is happening at work, here are the steps to take.
Note: These steps are meant to be completed in the listed order.
- Document.
Any complaint filed — either internally or with the EEOC — is going to require documentation. Write down what happened, when it happened, who was involved, and any other details that can be remembered. Print this article out and keep it somewhere safe at work.
- Tell your employer.
Every business should have either an HR department or an official complaint process. Follow it and make a report. This puts the employer on notice and gives them a chance to remedy the situation.
- File with the EEOC.
If the employer does not address the complaint — or retaliates against the person for filing it — a charge of discrimination can then be filed with the EEOC. There are strict timelines for when this report must be made. Act as quickly as possible.
- Contact a Lawyer.
Speaking to an attorney who specializes in racial discrimination matters is the only way to know for certain whether a case exists.
The moral of the story? Don’t wait.
The more an issue goes on unreported, the less recourse there is when it finally gets reported. A lot of employees don’t realize just how strongly the law is on their side in situations of racial discrimination.
Why Time Matters
If discrimination has occurred, why does time matter?
Simple.
In most states, there are 180 days to file a charge with the EEOC from the date the incident occurred.
Georgia is one of a few states that has its own agency that enforces these laws. When that’s the case, employees have 300 days.
Approximately 42% of Americans have experienced racial discrimination in the workplace. Yet a large percentage of employees who experience it never file a complaint.
Either because they don’t know how — or think they have time — to report it. Or because they aren’t sure if what happened to them qualifies.
Knowledge is power. Understanding employee rights before discrimination occurs prevents falling into that statistic. Employers bank on their workers not knowing the law. Don’t give them that advantage.
The Bottom Line
Employment discrimination against someone’s race is serious.
And punishable by law.
Federal laws like Title VII and state laws give employees rights that can be exercised when discrimination occurs.
Knowing what those rights are, and how to use them when racial discrimination happens at work, is everything.
Remember…
- Educate on what constitutes racial discrimination
- Know the laws in place that protect workers
- Document, document, document
- Report incidents to your employer
- Don’t let retaliation stop a filing with the EEOC — there are legal protections against this too
- Speak to a lawyer
The law is there to protect those who stand up against discrimination. Now use it.
