Racial Discrimination in the Workplace

How Can I Prove Racial Discrimination Against My Employer?

Racial discrimination is still prevalent in the workplace, despite its prohibition under state and federal law. Each year, many people in Pennsylvania and New Jersey are the victims of race discrimination in the workplace. Workplace discrimination that is based on a protected status such as race is unlawful, and there are legal remedies that are available.

If you believe you’ve been the victim of discrimination, the experience racial discrimination lawyers at Swartz Swidler are here to help.

What Is Racial Discrimination In The Workplace?

It can be difficult to identify workplace racial discrimination because you must be able to show that you were treated differently based on your race. These types of actions might not be overt although some of them are. An overt example of race discrimination could include a sign notifying workers that only people of certain races could attend a company outing. In most cases, such obvious examples do not happen. Instead, the actions are subtle, and you must instead be able to prove race discrimination by using indirect evidence.

In order to prove that you have been discriminated against at work based on your race, you must establish a prima facie case. When you are able to establish a prima facie case of discrimination, the burden then shifts to the employer to prove that the actions were not discriminatory in nature. If the employer is able to present evidence that shows its actions were not discriminatory, you will have the burden of proving that they were indeed discriminatory. A common example is presenting evidence that the individual promoted in your place is less experienced than you, or someone of your race has never been promoted to that position level within the company.

Four Elements Of A Prima Facie Case

Under the law, you must prove four elements to establish a prima facie case, including the following:

  • You are part of a protected class.
  • You are performing your job satisfactorily or are qualified for a particular position.
  • You were denied the job altogether or experienced a retaliation such as termination or unwarranted disciplinary action.
  • The person chosen for the position is a different race than you, or the company continues to search for applicants despite you having the qualifications for it.

Contact Our Attorneys

Proving racial discrimination in the workplace can be complicated, and you might need legal help. An attorney can help you to navigate through the process. An experienced employment law attorney may help you to gather the evidence that you need to prove that racial discrimination occurred. Contact the racial discrimination lawyers at Swartz Swidler to schedule your consultation.