How Can I Prove Racial Discrimination In The Workplace?

It is sad to say that racial disparity at work will continue to be a problem in 2022.

While some individuals may encounter racist remarks made by their supervisors or coworkers, the majority of racism is subtle or systemic.

No matter what form it takes, racism is strictly prohibited at work by federal and state laws.

Different types of racial discrimination that can occur at work

It can be difficult to spot and prove racism at work.

Direct evidence of discrimination would be if your boss said that he promoted your colleague because she was white, and you weren’t. It’s usually not so clear in most cases.

DISPARATE TREATMENT

  • Disparate treatment is when an employer treats one employee less favorably than another because of discriminatory reasons.
  • Employers can also discriminate against who they reprimand.
  • Racial profiling at work is when a supervisor suspects that an employee has violated a rule, but not because he or she has specific reasons to do so.
  • Sometimes, supervisors make a distinction by applying different policies to companies that are otherwise neutral.
  • Discrimination can also be caused by implicit racial bias at work – having attitudes towards people of a particular race that you don’t even know you have –
  • Last but not least, harassment of racial origin in the workplace is a serious problem.
  • Harassment can include using racial slurs and racist jokes, sending offending messages, or making comments based upon stereotypes.

Although teasing and isolated comments are not considered discriminatory, harassment is unlawful if it creates an hostile work environment or leads to a negative employment action (e.g., a demotion or firing).

DISPARATE-IMPACT

While some racism might not be intentional, it can have a significant impact on one racial category.

Some employers prohibit the hiring of workers with criminal convictions.

This ban could have a discriminatory impact, however, as arrest and incarceration rates for Black and Latino people are higher than those of other races.

What laws protect against racism at work?

Both state and federal laws ban racism at work.

Summarized from an article by Ottinger Employment Lawyers.