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"Thorough, honest and compassionate."Throughout the entire trial, their leadership, guidance, support, and positive perspective, helped me continue a well won battle.- P.K., Cincinnati, Ohio
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"A positive experience from beginning to end."The amount of research and time put into my case proved to be the reason we came out successful. I not only gained a lawyer but also a friend and contact forever.- C.D., Atlanta, Georgia
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"Extraordinary service."Litigation should be the last resort when trying to resolve differences, but when it became necessary using this firm provided peace of mind during the entire process.- L.D., Cincinnati, Ohio
Defining Racial Discrimination in the Workplace
The law protects you from prejudice based on race during all aspects of the employment process. It begins when you apply for a job. Anti-discrimination laws forbid an employer from considering the skin color of the applicant when deciding if he or she should be hired. However, these laws cover much more than the hiring process.
Any unfavorable employment decision based on the employee’s color or ethnicity, assumptions about the abilities or performance of a certain racial group, or common stereotypes is prohibited by law. An employer cannot use the color of a person’s skin as a deciding factor in job training, promotion, compensation, or termination. To do so is illegal and the employer can and should be held accountable for this violation of your civil rights.
Discrimination based on skin color is not limited to the color of an employee’s skin. An employer cannot use other features associated with a specific ethnicity to make employment decisions such as facial features or hair texture. Furthermore, racial jokes, derogatory comments, offensive statements, ethnic slurs, or other verbal and physical conduct based on an employee’s skin color is unlawful. Creating a working environment that is hostile or offensive because of the employee’s race is unlawful. Employers who participate in this type of behavior or allow this type of behavior to take place at work can be held liable and ordered to pay compensation to the victim.
Examples of Race Discrimination in the Workplace
Until you meet with an experienced racial discrimination attorney in Cincinnati, OH, you will not know if you have the basis for a discrimination claim against your employer. However, below are some examples of workplace conduct that may give rise to a valid claim for racial discrimination in the workplace.
- Your employer announces layoffs for the company to begin next week. Only employees, or the vast majority of employees, laid off were of a certain racial group.
- Even though you perform the same job as other employees, you were placed in a different area of the company for the purpose of isolating or segregating you from employees of a different race.
- You are paid less than other employees are paid based solely on your race rather than your job performance, skills, training, or education.
- You were consistently turned down for promotions that were given to employees of a different race who were less qualified than you to fill those positions.
- Your employer will not acknowledge or refuses to address your complaints that co-workers are using language that is considered racially offensive.
- You apply for a job and you are turned down. When you inquire why you did not get the job, the employer tells you it is because you have an accent or that the company does not hire people of your ethnicity for such a high-profile position.
- You are denied a promotion because the employer has had “problems in the past” with employees holding that position who are “the same as you.”
The best way to determine if you have a claim for race discrimination is to schedule a consultation with our office to discuss the particulars of your case. Only then can we truly determine if you have a claim, determine what legal remedies are available to you, and plan a course of action to obtain justice for you.
Steps To Take After Experiencing Racial Discrimination
Cincinnati strives to be inclusive and equitable, allowing the best talent to work and thrive in the city. Employees who experience racial discrimination in the workplace can file a complaint via the online discrimination complaint form or print and mail the form.
If you’re a victim of race discrimination, follow the steps below:
- Speak with your HR department or management.
- If no action is taken to rectify the issue, contact a race discrimination lawyer.
- File a complaint and wait for a response.
You also can file a charge of discrimination with the EEOC and the OCRC. These agencies have dedicated teams of investigators who will look into your allegations and try to get to the bottom of what happened. You must go through the administrative process with these agencies and be issued a Notice of Right to Sue before you can file a lawsuit against your employer for discrimination.
Your claim is important, but it must be investigated thoroughly before any action is taken. Holding your employer responsible for their actions takes time, patience, and the legal guidance of an experienced attorney, who will determine what legal options to pursue in your case.
Race Discrimination Claims
Unfortunately, racism is still alive and well all throughout the United States. Thankfully, individuals who believe that they have been subject to race discrimination in the workplace do not have to attempt to deal with the problem on their own. At Robert A. Klingler Co., L.P.A., our Cincinnati discrimination attorneys are ready to help those who have been discriminated against fight for their rights.
The Ohio Civil Rights Act, as well as Title VII of the Civil Rights Act of 1964, protect Ohio employees against workplace discrimination that is race-based. Race-based discrimination at work can include things such as failing to hire or promote individuals and subjecting workers of a certain race or ethnicity to tougher disciplinary actions than those of other races. That said, if you or a loved one has experienced race discrimination in the workplace, the Cincinnati discrimination attorneys at Robert A. Klingler Co., L.P.A. can assist you with exploring your legal options and obtaining the appropriate damages to which you may be entitled.
Understanding the Laws Pertaining to Race Discrimination
To be sure, many employers are quite sophisticated, so much so that workplace discrimination based on race often exists in subtle forms that, regardless of their subtlety, are still very much illegal. That being the case, it is important for those who believe that they have been discriminated against based on their race to work with skilled attorneys such as Robert Klingler and his team who are not afraid to take on employers, large or small.
Some employers attempt to discriminate against employees on the basis of their race by implementing certain job policies that disproportionately affect certain groups of individuals; however, doing so is prohibited by both federal and state law, particularly if those policies are not job-related or related to the specific needs of the business. Further, employees cannot be denied equal employment opportunities based on their inclusion in certain racial groups, or based on certain race-connected characteristics. The laws also prohibit employers from making decisions on the basis of certain stereotypes and/or assumptions about one’s abilities based on race or ethnicity. The laws governing race discrimination apply to a variety of races, including African-Americans, Latinos, Asians, Native Americans, bi-racial or multi-racial individuals, as well as Caucasians.
Types of Race Discrimination Claims
There are basically two kinds of race/ethnicity claims: disparate treatment discrimination claims and disparate-impact discrimination claims. Disparate-treatment discrimination might exist in cases where race is an employer’s motivating factor with respect to how it treats certain employees. Disparate-impact discrimination occurs in cases where an employer’s practices and/or policies are either not job-related and consistent with a business necessity, or there are less discriminatory alternatives that the employer has refused to implement.
Employees who believe they have been discriminated against because of their race are encouraged to document the various acts or incidents that occur. More specifically, if an employee believes that racial discrimination has been documented in work emails, memos, performance reviews or any other job-related communications, he or she should be sure to save those documents, as they may prove to be valuable pieces of evidence if an employer attempts to deny the alleged discrimination.
Anyone who has been subject to race discrimination while at work should contact the attorneys at Robert A. Klingler Co., L.P.A. right away to discuss their options with one of our Cincinnati discrimination attorneys.