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What Are Your Options If You Experience Racial Discrimination in the Workplace?

Published on Jan 7, 2021 at 3:02 pm in Employment Law.

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Nobody deserves to be discriminated against, and especially not in the workplace. Not only is it treatment that people don’t deserve, it’s also illegal. When you experience racial discrimination in your workplace, you might be hurt, confused, and wondering what you can do to combat the hurtful experience you just had. There are plenty of options for what you can do moving forward to ensure that your rights are protected, and the discriminatory person or company is held responsible for their actions.

For support through your workplace discrimination claim in West Virginia, you’ll want to hire a lawyer from DiPiero Simmons McGinley & Bastress, PLLC. We have experience representing clients and defending their rights to have a safe and healthy workspace. Discrimination of any kind is a threat to safety, which is why we’re here to represent you.

What to Do After Being Racially Discriminated Against

Racial discrimination is difficult to face. When an employer or fellow employee treats you differently based on your skin color, facial characteristics, or hair type, then that is likely considered racial discrimination and is illegal. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race or color, which means that someone in your workplace treating you unfavorably because of either of those factors that are out of your control is breaking federal law and infringing on your rights.

Although it might be hard to stand up to your employer who has treated you this way, their actions weren’t right, and you have some options about what you can do next to hold them accountable. Here are the steps to take after facing racial discrimination in the workplace, according to the U.S. Equal Employment Opportunity Commission (EEOC):

  • Contact an EEOC counselor. You’ll need to contact an EEOC counselor where you work or where you applied for a job within 45 days of the event. They’ll instruct you on how to proceed with alternative dispute resolution or if you should file a formal complaint.
  • File a formal complaint. Through the EEOC, you have 180 days from the date the event took place to file a charge of discrimination against your employer. When you file a charge of discrimination through a State or Local Fair Employment Practice Agency (FEPA), it will automatically be dually filed with the EEOC as well, which means you only have to file one. This way, they will be charged under federal and state law.
  • Request a hearing. You can request a hearing to have the agency look into your claim and determine if there was discrimination involved in your experience.
  • File an appeal. If discrimination was not found through your complaint or hearing, then you can file an appeal for the decision. You only have 30 days after the final decision to file an appeal.

This can all be difficult to navigate on your own. That’s why it is beneficial to have an employment lawyer on your side through the process—we’ll ensure that your rights are protected and you get justice for what you’ve endured.

Who Can Be Held Responsible for Racial Discrimination in the Workplace?

You might think that your employer or potential employer is the only entity who is able to discriminate against you, but in reality, anyone in the workplace can be held responsible for their discriminatory actions if they perpetrate them. Here are some of the people who you can file a claim against for their racial discrimination against you in the workplace:

  • Employer
  • Supervisor
  • Employee
  • Client
  • Customer

You have the right to work in a harassment-free place, and when any of the above people violates your rights, then you shouldn’t have to put up with it. Talking to an employment lawyer can help you figure out where to go from here and how to protect yourself.

Contact DiPiero Simmons McGinley & Bastress, PLLC

When you’ve faced racial discrimination in the workplace, you don’t have to go through the process of filing a claim alone. At DiPiero Simmons McGinley & Bastress in Charleston, we’re here to support you. We know it can be intimidating to go up against your employer in a case where you were mistreated. With our help, you can feel confident in your claim. Reach out to us today so we can get started right away.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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