Racial Discrimination

Racial discrimination occurs when the employee suffers from harassment, discrimination or other unfavorable treatment at the workplace because of the employee’s race or national origin. The employer can be liable for this abusive behavior if the employee notified the employer regarding the discrimination and the employer does not take enough action to stop the harassment. Such abusive behavior could be:

1) racial language and verbiage used towards employees;
2) failure to promote because of the employee’s racial background;
3) demoting an employee based on the employee’s race; and
4) disparity in pay because of an employee’s racial background

In order to prove a case of discrimination based on race, or national origin, the employee must show that the employer had notice of the ongoing harassment, and the employer failed to prevent or stop the harassment.

Ex. A group of African-American employees work at a construction site. There is graffiti in the bathroom, depicting racial comments and slurs toward minorities and African-Americans. Employees complain to  management and the construction site owners. However, no action is taken. The African-American employees s feel stressed out and humiliated  since the graffiti is directed towards them. In this scenario, the Employer remains liable for the graffiti and the racial discrimination since they did not take enough measures to stop the harassment, remove the graffiti, or at least make sure that the employees were not subjected to daily racial harassment.

If you feel as if you’re being harassed because of your racial background or ethnicity, please contact our team of attorneys. We are here to help.
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