Legal Steps to Take if You Face Racial Discrimination at Work

1. Introduction: Understanding Workplace Racial Discrimination

Racial discrimination in the workplace is more than just unfair treatment—it’s a violation of your basic rights as an employee and a human being. It can manifest in subtle ways, such as exclusion from opportunities, or in more overt acts like derogatory comments or unjust termination. Under federal law, racial discrimination is illegal, yet it still happens far too often in professional environments across the country.

For employees, the impact of racial discrimination goes beyond career setbacks. It affects mental health, leading to anxiety, depression, and even physical stress. The trauma of being singled out or treated unfairly due to race can diminish self-esteem and erode professional confidence. Beyond personal dignity, these experiences can severely disrupt career progression, limiting your growth, earnings potential, and overall satisfaction at work.

At Swartz Swidler, we understand how damaging workplace racial discrimination can be. Our firm is committed to providing legal support and standing up for workers facing these injustices. Whether it’s a hostile work environment, pay disparities, or missed promotions, we help employees fight back and regain their rights in the workplace. If you believe you’ve been the victim of racial discrimination, we are here to guide you through the legal steps to protect your future and well-being.

2. Step 1: Recognize Racial Discrimination — What It Really Looks Like

The first and most critical step in addressing racial discrimination at work is recognizing it when it happens. Racial discrimination is defined under Title VII of the Civil Rights Act of 1964, which prohibits employers from treating employees unfavorably because of race, color, or national origin. However, many people fail to realize when they are being discriminated against, especially if the actions are subtle or indirect.

Common Forms of Racial Discrimination at Work:

• Hiring and Promotions: Qualified candidates may be passed over for jobs or promotions in favor of less qualified individuals based on race.
• Pay Discrepancies: Employees of different racial backgrounds may perform the same job but receive unequal pay.
• Harassment: Offensive comments, slurs, or jokes about race, even when framed as “just a joke,” contribute to a hostile work environment.
• Unequal Disciplinary Action: Employees of one race may face harsher punishments or stricter scrutiny compared to their colleagues.
• Exclusion: Being left out of important meetings, projects, or networking opportunities because of race.

Case Study Example:

A Hispanic employee working for a large corporation was consistently overlooked for promotions despite receiving stellar performance reviews. Colleagues with less experience and inferior qualifications, all of whom were white, were promoted instead. After documenting the incidents and seeking legal assistance, it was revealed that there was a pattern of racial bias in promotion decisions within the company. The employee successfully filed a lawsuit for racial discrimination and received compensation for lost wages and emotional distress.

Recognizing these patterns in your own workplace is the first step toward taking action. Swartz Swidler has the experience needed to help you identify if what you’re experiencing is racial discrimination and will provide guidance on how to proceed.

3. Step 2: Document Every Incident

Once you recognize that racial discrimination is occurring, the next critical step is to document every incident. Clear and organized documentation can serve as powerful evidence if you decide to file a complaint or take legal action. The importance of creating a detailed record cannot be overstated, as this evidence can significantly strengthen your case.

Key Elements to Document:

• Dates and Times: Record the specific dates and times of discriminatory incidents.
• What Happened: Describe the incident in as much detail as possible, including the specific actions or comments made.
• Who Was Involved: Note the names of the people involved, including any witnesses who saw or heard the discriminatory behavior.
• Communication: If possible, keep copies of emails, text messages, or any other written communication that can support your claims.
• Impact: Document how each incident has affected you emotionally, mentally, or professionally.

Example Scenario:

Imagine a scenario where an African-American employee regularly receives racially insensitive comments from coworkers. At first, the employee feels uncomfortable but isn’t sure how to address the issue. Over time, the comments become more frequent, and it starts to affect the employee’s ability to concentrate at work. The employee begins documenting each instance, writing down exact quotes, dates, and the names of witnesses. With this thorough documentation, they are later able to present a clear, convincing case of workplace harassment.

By being proactive and creating a comprehensive record, you’ll be better positioned to seek justice and protect your rights. Swartz Swidler can assist you in analyzing this documentation and determining the next best steps.

4. Step 3: Understand Your Rights and Company Policies

One of the most important steps in addressing workplace racial discrimination is understanding your rights under both federal and state laws, as well as your company’s anti-discrimination policies. Empowering yourself with this knowledge ensures that you can take the proper legal steps to protect your career and well-being.

Federal and State Laws that Protect Against Racial Discrimination

Under federal law, Title VII of the Civil Rights Act of 1964 prohibits racial discrimination in the workplace. This law applies to employers with 15 or more employees and covers various aspects of employment, including hiring, promotions, wages, and disciplinary actions. Title VII protects workers from being treated unfavorably because of their race, color, or national origin, and also prohibits workplace harassment based on race.

However, it’s important to note that state laws can provide additional protections. For instance, in New Jersey and Pennsylvania, where Swartz Swidler practices, state laws complement federal protections:

• New Jersey: The New Jersey Law Against Discrimination (NJLAD) offers robust protections, prohibiting racial discrimination in all workplaces, regardless of size. NJLAD also allows victims to seek compensation for emotional distress and punitive damages in cases of egregious behavior.
• Pennsylvania: The Pennsylvania Human Relations Act (PHRA) protects employees in workplaces with four or more employees. Like NJLAD, PHRA allows victims to file complaints with the state if they experience discrimination based on race.

Understanding both federal and state-specific laws is crucial to ensuring your rights are fully protected. If you’re unsure about how these laws apply to your case, consulting a lawyer at Swartz Swidler can clarify your legal standing and help you navigate this complex area.

Importance of Reviewing Your Company’s Anti-Discrimination Policies

In addition to understanding legal protections, you should also review your company’s anti-discrimination policies. Most employers have guidelines that outline how they handle complaints related to racial discrimination and harassment. These policies typically explain the steps for reporting incidents, the investigation process, and how the company ensures a fair work environment.

While your employer’s policy should align with federal and state laws, it may offer additional avenues for resolving your complaint internally. For instance, some companies have mediation or conflict resolution processes that can address the issue before legal action is necessary.

By familiarizing yourself with these policies, you’ll be better prepared to file an internal complaint and take the necessary legal steps if the company fails to take appropriate action. Swartz Swidler can assist you in reviewing these policies to determine if your employer is upholding their responsibilities.

5. Step 4: File an Internal Complaint with Your Employer

After understanding your legal rights and company policies, the next step is to file an internal complaint with your Human Resources (HR) department or supervisor. This is a critical step, as it documents your concerns and gives your employer an opportunity to address the issue.

How to File a Formal Complaint

When filing a formal complaint, it’s essential to be detailed and professional. Here’s a step-by-step guide:

1. Write a Complaint Letter: Clearly explain the incidents of racial discrimination you’ve experienced, including specific dates, times, and the individuals involved. Provide any supporting documentation, such as emails or witness statements.
   • Best Practices:
     • Be factual, not emotional: Focus on describing what happened rather than how it made you feel.
     • Use specific examples: The more concrete evidence you provide, the stronger your complaint will be.
     • Include relevant company policies: Reference any anti-discrimination policies the company may have violated.

   To help you get started, Swartz Swidler offers a sample complaint letter template [link to downloadable PDF] that outlines the essential elements of a strong complaint.

2. Submit Your Complaint: Send your complaint to HR or your supervisor in writing, either via email or through your company’s designated process. Be sure to keep a copy for your records.

What to Expect from the Company’s Internal Investigation

Once your complaint is filed, your company is legally obligated to investigate the matter. This process typically includes:

• Interviews: HR will likely interview you, the accused party, and any witnesses.
• Evidence Review: The company will review any documents, emails, or other evidence related to the complaint.
• Decision: After the investigation, your employer will decide on the appropriate action, which could include disciplinary measures against the offending party, changes in company policies, or further mediation.

If your employer fails to take action or if the response is inadequate, it may be time to consider external legal options. Swartz Swidler can help you determine if further action is necessary and guide you through the next steps.

6. Step 5: Contact the Equal Employment Opportunity Commission (EEOC)

If your employer fails to resolve the issue internally, or if you believe the discrimination is severe, you can file a formal complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency responsible for enforcing laws that prohibit workplace discrimination.

How to File a Charge with the EEOC

To begin the process, you will need to file a charge of discrimination with the EEOC. Here’s how to do it:

1. Initiate the Process: Visit the EEOC website or contact a local office to begin the charge process. You can file online, by mail, or in person.
2. Provide Documentation: Submit any evidence of discrimination, such as documentation from your internal complaint, emails, or witness statements.
3. Attend an Interview: After filing, the EEOC may request an interview or ask for additional information about your case.

EEOC Process Timeline and Expectations

The EEOC will review your charge and may investigate further by reaching out to your employer. Here’s what you can expect:

• Mediation or Settlement: The EEOC may offer to mediate between you and your employer to reach a settlement.
• Investigation: If mediation fails, the EEOC will investigate the case, which can take several months to a year.
• Right to Sue: If the EEOC finds sufficient evidence of discrimination, they may issue a Right to Sue letter, allowing you to file a lawsuit in court.

Important Deadlines

You have a limited time to file a charge with the EEOC—180 days from the date of the discriminatory act. In states with local anti-discrimination laws (like New Jersey and Pennsylvania), this deadline may extend to 300 days. Missing these deadlines can jeopardize your ability to seek legal recourse, so it’s crucial to act quickly.

Swartz Swidler can assist you with filing your EEOC charge, ensuring that all deadlines are met and that your case is presented as strongly as possible.

7. Step 6: Seek Legal Advice — Why It’s Critical

While navigating the complaint and EEOC processes, seeking legal advice early can significantly improve the outcome of your case. An experienced workplace discrimination lawyer will guide you through each step, ensuring that your rights are protected and that no deadlines are missed.

How a Discrimination Lawyer Can Strengthen Your Case

• Legal Expertise: A lawyer can interpret complex state and federal discrimination laws, making sure your case is handled correctly.
• Stronger Evidence: Legal professionals know how to gather and present evidence that strengthens your claim.
• Negotiation and Litigation: Whether negotiating with your employer or representing you in court, a lawyer ensures your case is presented compellingly.

At Swartz Swidler, we specialize in helping victims of racial discrimination fight for justice. From the moment you suspect discrimination, our team can assist you in understanding your legal options, filing complaints, and pursuing compensation for lost wages, emotional distress, and other damages. Contact Swartz Swidler today for a free consultation to discuss how we can help you reclaim your rights in the workplace.

 

8. Step 7: Evaluate Your Options for Legal Action

Once you’ve gone through the process of filing a complaint with your employer and potentially the Equal Employment Opportunity Commission (EEOC), you may still be left unsatisfied with the outcome. At this point, it’s essential to evaluate your legal options for further action. Depending on the results of the EEOC investigation and your specific circumstances, you may choose to pursue a lawsuit for racial discrimination.

Possible Outcomes of an EEOC Investigation

The EEOC may reach several possible outcomes following their investigation:

• Settlement: During the investigation, the EEOC may encourage settlement negotiations between you and your employer. Settlements can involve compensation for damages or changes in workplace policies. Settling is often quicker than going to court but may not always provide the full justice you deserve.
• Right to Sue: If the EEOC determines that there is sufficient evidence of discrimination but cannot resolve the issue through settlement, they will issue a Right to Sue letter. This letter allows you to file a lawsuit in federal court.
• Dismissal: If the EEOC finds that there is not enough evidence to support your claim, they may close the case. However, you will still receive a Right to Sue letter, allowing you to take legal action independently.

When to Consider Filing a Lawsuit for Racial Discrimination

If the EEOC investigation does not provide a satisfactory outcome, or if your employer fails to resolve the issue internally, it may be time to file a lawsuit. You should consider legal action if:

• The discrimination has severely impacted your career, emotional well-being, or finances.
• Your employer retaliated against you after you reported the discrimination.
• You are seeking compensation for lost wages, emotional distress, or punitive damages.

How Damages Are Calculated in Racial Discrimination Cases

Victims of workplace racial discrimination can be entitled to various forms of compensation, depending on the severity of the discrimination and its impact on their lives:

• Lost Wages: If the discrimination resulted in lost opportunities, such as promotions or pay raises, you may be compensated for the income you missed out on.
• Emotional Distress: The mental toll of racial discrimination can be significant, and you may receive compensation for emotional suffering, anxiety, or depression caused by the discrimination.
• Punitive Damages: In extreme cases of willful or malicious discrimination, the court may award punitive damages to punish the employer and deter future misconduct.

At Swartz Swidler, our team of experienced racial discrimination lawyers can help you determine the type of damages you may be entitled to and guide you through the legal process to pursue the compensation and justice you deserve.

9. Step 8: Protect Yourself from Retaliation

A common concern for employees who report racial discrimination is the fear of retaliation. Retaliation occurs when an employer takes negative actions—such as firing, demoting, or harassing the employee—because they reported discrimination. Fortunately, federal law provides strong protections against retaliation.

Legal Protections Against Retaliation Under Federal Law

Under Title VII of the Civil Rights Act, it is illegal for employers to retaliate against employees who file discrimination complaints or participate in an investigation. Retaliation can take many forms, including:

• Termination: Being fired after reporting discrimination.
• Demotion: A reduction in job title, responsibilities, or pay.
• Hostile Work Environment: Increased harassment or unfair treatment after making a complaint.

What to Do if You Face Retaliation

If you experience retaliation after reporting racial discrimination, take the following steps:

1. Document the Retaliation: Just like with discrimination, document every instance of retaliation, including dates, times, and individuals involved.
2. Report the Retaliation: File a formal complaint with HR or your employer. Make sure to reference your original discrimination complaint and explain how the retaliation is connected.
3. Seek Legal Assistance: Retaliation is a serious violation of your rights. Consult with a lawyer to evaluate your case and consider taking legal action against your employer.

At Swartz Swidler, we specialize in both discrimination and retaliation cases. Our experienced attorneys can help protect your rights, whether you’re dealing with racial discrimination, retaliation, or both. We will fight to ensure you receive the justice and compensation you deserve.

10. Conclusion: Take Action Today to Protect Your Rights

Facing racial discrimination in the workplace is not only emotionally exhausting but also a violation of your legal rights. It’s essential to take the proper steps to protect yourself, starting with recognizing the discrimination, documenting the incidents, and understanding your legal rights and options.

If internal processes and the EEOC investigation don’t lead to a resolution, you may have the right to file a lawsuit and seek compensation for lost wages, emotional distress, and other damages. If you’ve faced retaliation, you’re protected under federal law and can take action to stop further harm.

At Swartz Swidler, we understand the complexities of workplace discrimination and retaliation cases. Our experienced team of workplace harassment lawyers will guide you through every step, from filing internal complaints to pursuing legal action. We are committed to helping victims of racial discrimination find justice and reclaim their dignity.

Contact Swartz Swidler today for a free consultation to discuss your case and explore your legal options. Together, we’ll work to protect your rights and secure the compensation you deserve.