Race Discrimination
Race discrimination in the workplace is a serious issue that violates the rights of employees based on their race or ethnicity. At Ryan Employment Law, we are dedicated to fighting against race discrimination and ensuring that employees are treated fairly and equitably.
Race discrimination can take various forms, including:
- Refusing to hire or promote someone based on their race
- Paying someone less due to their race
- Harassing an employee because of their race
- Terminating someone's employment based on their race
Race discrimination in employment is barred by Title VII of the 1964 Civil Rights Act. Race discrimination is still prevalent today in many workplaces. In most cases, a firing because of an employee’s race is not as straightforward as the boss or supervisor telling the employee that he is fired because he is black. Often, race discrimination is proven with circumstantial evidence. It is the opposite of direct evidence. Circumstantial evidence is a little piece of evidence pointing to a reason for an occurrence. A large amount of circumstantial evidence can be overwhelming and help us reach the standard we need, which is a preponderance of evidence.
Section 1981
Race discrimination in employment can also be brought under section 1981 of the 1866 Civil Rights Act. Section 1981 prohibits racial discrimination in the contracts.
When an employee agrees to work for an employer, a contract is formed. Contracts can be written, meaning the employee signed a written contract to work for the employer, or contracts can be oral, meaning the parties agreed on the work.
Hostile Work Environment
A hostile work environment can also be created when a person faces a hostile work environment at work. Racial harassment is unwelcome conduct that interferes with the employee’s ability to work. Racial harassment occurs when a company creates or allows an offensive, hostile, intimidating place of employment. This is best evidenced by a recent case in Kentucky. Black workers worked at a UPS store in Lexington Kentucky. There was a Black dummy at the UPS store, intended to demonstrate workplace safety. The manager tied part of the dummy to a ladder and hanged the dummy with twine from the ceiling. The dummy remained there for 4 days while the Black workers came in and saw the dummy hanging from the ceiling.
Why Employers Should Not Discriminate
Employers should not discriminate against employees based on their race because it is not only illegal but also unethical. Every individual deserves to work in an environment free from discrimination and prejudice. Race discrimination not only harms the employees directly affected but also creates a toxic work culture that can impact overall productivity and morale.
At Ryan Employment Law, we believe that promoting diversity and inclusivity in the workplace leads to a more harmonious and successful working environment.