Race Discrimination in the Workplace in Cincinnati, Ohio
Race Discrimination in the Workplace in Cincinnati, Ohio
Robert A. Klingler is a Cincinnati, OH, race discrimination lawyer who has dedicated his law practice to helping individuals experiencing harassment or discrimination at work. These types of cases can be complex due to the laws governing discrimination. You need an attorney who has extensive experience litigating these matters to handle your case. By focusing his law firm’s practice on this area of law, the firm has gained the expertise, knowledge, and trial experience necessary to represent his clients against unfair workplace discrimination.
Contact our office at 513-665-9500 to schedule a private, confidential consultation to discuss the details of your claim. There are laws to protect you in the workplace from this type of unlawful behavior by an employer.
What Laws Protect Ohioans From Racial Discrimination
Employees are protected against unlawful discrimination in employment on the basis of their race, color, and national origin by Title VII of the Civil Rights Act and Chapter 4112 of the Ohio Revised Code. The Equal Employment Opportunity Commission (EEOC) and the Ohio Civil Rights Commission enforce these laws and provide an avenue for employees to file complaints of racist discriminatory actions.
Race discrimination involves treating someone unfavorably due to their race, because of characteristics associated with their race, or because of association with someone of a certain race (for example, discriminating against someone in an interracial marriage). The law forbids discrimination in any aspect of employment, including hiring, firing, compensation, job assignments, and other terms and conditions of employment.
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.
How To Choose The Right Racial Discrimination Lawyer
In any case of racial discrimination, you must prove that discrimination took place, and by doing so, you protect yourself and others, too. A lawyer will help you understand the type of discrimination that took place, such as an adverse employment action or harassment, gather evidence, and determine which legal avenue to take to hold your employer accountable.
Choosing the right lawyer is crucial to your claim and can be done by:
- Contacting the Ohio State Bar Association or searching for a lawyer on the Bar’s site.
- Scheduling consultations with prospective attorneys and finding one that is a good fit for you.
- Asking your attorney what experience they have with racial discrimination cases and whether they’ve ever worked on claims similar to yours.
- Discussing costs and communication policies with the lawyer, and determining whether they are appropriate for you.
If you have friends or family that have been involved in similar claims before, ask them for their recommendations. Reading reviews of the law firm online will give you insight into what other people in your situation experienced when working with the firm.
What Compensation is Available?
If your employer is engaging in race discrimination, you may be awarded compensatory and punitive damages.
Compensatory damages can include:
- Out-of-pocket expenses related to the discrimination, such as costs associated with a job search, attorney’s fees, court costs, expert witness fees, etc.
- Emotional harm, such as loss of enjoyment of life, inconvenience and mental anguish
Punitive damages may be awarded if your employer’s discrimination was particularly reckless or malicious.
There are limits to the amount of damages you can recover, and these limits will depend on the size of your employer.
- 15-100 employees: $50,000 limit
- 101-200 employees: $100,000 limit
- 201-500 employees: $200,000 limit
- 500+ employees: $300,000 limit
Equitable remedies may also be available. These are remedies that attempt to give the victim justice that cannot be accomplished with a monetary payment. For example, the court may order the employer to:
- Update its policies to ensure they comply with the law
- Rehire an employee who was wrongfully terminated
Courts may take this type of action if they believe monetary damages are not enough to settle the lawsuit.
Can My Employer Punish Me for Reporting Race Discrimination?
Many workers avoid reporting racial discrimination in the workplace because they fear retaliation or punishment from their employers.
However, your employer cannot punish you for reporting race discrimination. They cannot:
- Treat you differently
- Harass you
- Impose negative consequences
Even if their conduct is found not to be discrimination, your employer cannot take adverse action against you for reporting perceived discrimination if you had a good faith basis for the claim.
You have a right to be protected from retaliation. If your employer does choose to take adverse action against you because of your complaint, you may be able to file a wrongful termination or workplace retaliation claim.
An experienced Ohio race discrimination lawyer can help you determine whether you have a valid claim and guide you through the process of pursuing a claim.
Racial Discrimination Affects Everyone
Workplace discrimination occurs when any race, ethnicity, or nationality is subjected to behavior based solely on these attributes. Everyone, regardless of their race, national origin, or color, is protected by anti-discrimination laws. We often think of prejudice as an issue for individuals of a certain race; however, discrimination can affect anyone, including African Americans, Hispanics, Asians, and Latinos. You may think that only minorities are victims of racial discrimination, but those in the majority can be treated unjustly as well. Just because you are Caucasian doesn’t mean you are immune to this unfortunate but very real injustice. Never allow your race, ethnicity, or national origin to prevent you from consulting with an experienced discrimination attorney regarding unlawful acts in the workplace.
Consult an Experienced Cincinnati, OH, Race Discrimination Attorney
If you are the victim of racial discrimination in Cincinnati, OH, you have rights. The law protects employees from race-based discrimination. Your first step should be to retain a Cincinnati, OH, employment discrimination lawyer who has the expertise, knowledge, trial experience, and resources to investigate your claim and determine what legal options are available to you to hold your employer responsible for its actions.
At Robert A. Klingler Co., L.P.A., we are dedicated to providing personal attention to each of our clients as we help them pursue justice for racial discrimination. We are committed to obtaining results and maximizing the compensation you receive for your claim. Contact our office at 513-665-9500 to schedule a consultation to discuss your legal rights.