Do You Have a Claim? 7 Examples of Race Discrimination in the Workplace

Do you have a race discrimination claim? Like all types of discrimination in the workplace, race discrimination can take many different forms. Knowing what constitutes race-based discrimination is important for taking legal action when warranted. If you are a victim, you may be entitled to monetary compensation or other remedies, and hiring an experienced Washington D.C. race discrimination attorney will be the first step toward holding your employer (or former employer) accountable.

What Constitutes Race-Based Discrimination in the Workplace?

Race-based discrimination is prohibited under Title VII of the Civil Rights Act of 1964 (Title VII) and the Washington D.C. Human Rights Act (DCHRA). Race is a protected trait under both of these statutes, and that means that employers are prohibited from making employment-related decisions based on an employee’s race. Crucially, while Title VII applies only to employers with 15 or more employees, the DCHRA applies to all employers in the District, regardless of size.

Title VII and the DCHRA both apply broadly to all race-related personal characteristics. This means that employers are prohibited from providing unequal treatment on the basis of:

• Skin color or complexion
• Hair texture and other physical features
• Marriage or cohabitation with a person of a certain race
• Other “personal characteristics associated with race”

Under both Title VII and the DCHRA, all forms of race-based discrimination in employment can warrant legal action. This includes (but is not limited to) common discriminatory practices such as:

1. Discriminatory Hiring Decisions

Employers in Washington D.C. are prohibited from making hiring decisions based on race (or any “personal characteristics associated with race”). If you were denied a job opportunity or hired for a particular position based on your race, your spouse or partner’s race, or any other protected trait, you may have a race discrimination claim under Title VII or the DCHRA.

2. Unequal Compensation for Substantially Equal Work

While the federal Equal Pay Act (EPA) applies exclusively to sex-based pay discrimination, pay discrimination is also prohibited under Title VII and the DCHRA. If you are being paid less than your similarly situated coworkers and you have reason to believe that this disparity is race-related, it will be worth talking to a Washington D.C. race discrimination attorney about your legal rights.

3. Discriminatory Pay Raises and Promotions

Along with initial hiring and compensation decisions, discriminatory pay raises and prohibitions are also strictly prohibited. If you were denied a pay raise or promotion while your co-workers of a different race were not, you could have a claim for damages. As with all types of race discrimination claims, you will need to be able to prove that your employer’s decision was based on your race and not based on your job performance, disciplinary history, or other non-discriminatory factors.

4. Discriminatory Job and Location Assignments

Discriminatory job and location assignments also violate Title VII and the DCHRA. This includes assigning employees to unfavorable positions, segregating employees by race, and other similar prohibited employment practices. While discriminatory job assignments and discriminatory pay often go hand in hand, discriminatory job assignments can clearly warrant legal action on their own.

5. Wrongful Termination Based on Race

Of course, if you lost your job because of your race, this clearly warrants legal action as well. Race-based terminations are strictly prohibited. Yet, they remain alarmingly common. If there is no explanation for why you were fired other than your race (or a race-related personal trait), you should talk to an attorney about your legal options for holding your former employer fully accountable.

6. Race-Based Harassment

As the U.S. Equal Employment Opportunity Commission (EEOC) makes clear, “[i]t is unlawful to harass a person because of that person’s race or color.” Harassment can make going to work untenable, and, in many cases, it can lead to what is known as constructive discharge. This is when an employee feels they have no choice but to resign. Race-based harassment is considered a form of unlawful discrimination under Title VII and the DCHRA.

7. Employment Policies with Disproportionate Effects

As the EEOC also explains, “[a]n employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business.” Whether intentional or inadvertent, an employer’s adoption of a policy that disproportionately affects employees of a particular race can also provide clear grounds for legal action.

What Should You Do if You Are a Victim of Race Discrimination in the Workplace?

If you are a victim of racial discrimination in the workplace, it will be up to you to hold your employer accountable. Nothing is going to happen unless you take action. With this in mind, if you think you may have a race discrimination claim against your current or former employer, you should:

• Try to make sure you have copies of your employment records
• Keep copies of any communications or other documents that are relevant to your claim
• Take detailed notes about the discriminatory employment practices you experienced
• Schedule a confidential consultation with a Washington D.C. race discrimination attorney

To be clear, these are just the first steps in the process. Holding employers accountable is a process—and one that requires experienced legal representation. If you need more information, we strongly encourage you to contact us for a confidential consultation today.

Request a Confidential Consultation with a Washington D.C. Race Discrimination Attorney

At The Law Firm of J.W. Stafford, we are committed to holding employers accountable for all forms of discrimination. If you have questions about filing a race discrimination claim in Washington D.C., we invite you to get in touch. To discuss your legal rights with an experienced Washington D.C. race discrimination attorney in confidence as soon as possible, give us a call at 410-514-6099 or tell us how we can contact you online today.