Understanding The Facts About Racial Discrimination

How Can I Prove Racial Discrimination Against My Employer?

Federal and state laws prohibit discrimination based on people’s color and race in the workplace. Color discrimination happens between people of different ethnicities and races as well as between people of the same ethnicity and race. While race and color discrimination interconnect, they are not the same. Each type of discrimination has its own unique characteristics.

Discrimination based on color occurs when a person is discriminated against specifically because of how light or dark his or her skin is. This type of discrimination may even happen within a person’s own ethnic group. Discrimination based on race or color is strictly prohibited by Title VII of the Civil Rights Act of 1964. A claimant may prove their case of discrimination through direct or indirect evidence.

Ultimately, the burden of proof is on the person making the claim. Getting the help of an experienced discrimination attorney at Swartz Swidler might help you to prove that you experienced discrimination.

Understanding Title VII

Title VII of the Civil Rights Act of 1964 details the racial discrimination laws and provides protection against workplace discrimination based on race, color, national origin, sex and religion. Title VII also prohibits an employer from hiring based on racial stereotyping about abilities and performance. It is illegal to discriminate against an employee or potential employee due to race or color.

This prohibition exists for all aspects of employment, including hiring, promotions, compensation, discipline, training and termination. Title VII prohibits both overt discrimination and job policies that disproportionately exclude minorities.

Protections prior to employment

Title VII prohibits employers from discriminating based on color or race prior to employment. Employers may not request pre-employment information that would tend to disclose or that would disclose the person’s race. When employers as for this type of pre-employment information, courts assume they are asking for it as a basis for deciding whether or not to extend offers. This means that such requests would generally be considered to be evidence of unlawful discrimination.

Employers are allowed to ask for information about race if it is used to track the flow of applicants for affirmative action purposes, however. Employers may do this by using tear-off sheets for race identifications. The tear-off portion is removed from the application and is not used for selecting applications.

Contact Our Racial Discrimination Attorneys

If you believe that you’ve been discriminated against based on color or race, or you have been adversely affected by a policy at work because of your race, then you might need legal help. The racial discrimination attorneys at Swartz Swidler may help by assessing what occurred and giving you an honest analysis of your claim. Call us today to schedule your consultation.