How to File a Race Discrimination Lawsuit
Employers are prohibited from discriminating among employees on the basis of their race. If you were a victim of race discrimination by your employer, you should seek legal assistance and discuss your situation with a professional before filing a lawsuit against your employer.
In cases of race discrimination, the plaintiff must provide evidence that proves that their mistreatment was motivated due to their race. These cases rarely have direct evidence proving race discriminations, and most plaintiffs have to take the help of indirect evidence.
The different ways of race discrimination entail limiting employees of a specific race to particular job positions; racial stereotypes motivated employer decisions, mistreatment of employees for associating with a particular racial community, or making decisions on the basis on someone’s skin color and the situations that are linked to that race.
There are laws that also prohibit the harassment of an employee on the basis of their race.
Laws That Prohibit Race Discrimination
While there are state laws as well, the two federal laws mentioned below prohibit racial discrimination of employees in the workplace Are:
- Title VII – declares that it is unlawful to discriminate employees based on their race, color, and nationality.
- Section 1981 – grants African Americans complete rights similar to any American citizen, which gives them the right to work without being racially discriminated against.
How to File a Race Discrimination Lawsuit?
If you’ve experienced race discrimination in the workplace, the best way to proceed is to consult an experienced attorney. Explain every detail of your situation to your lawyer so that they can analyze your position and guide you on how you should move forward with it.
The lawyer can assist you through your organization’s complaint procedure and investigation, if you’re still on the job. Otherwise, they can either help reach a settlement with your employer or can guide you on the laws under which you can file a lawsuit.
Suing Under Title VII
The first step is to file a claim of discrimination with the Equal Employment Opportunity Commission (EEOC), the federal agency that is responsible for interpreting and enforcing anti-discrimination laws. This act is a legal requirement before you file a lawsuit, and must be carried out within 180 days of the discriminatory act.
From the point onwards, the EEOC is in charge of handling the matter, and they also have the right to reject the complaint. However, there’s a high probability that they will carry out an investigation. They might also make an attempt to reach a settlement between you and your employer, and rarely sue on your behalf.
After processing the claim, the agency grants you the right to sue, permitting you to file a case against your employer. After receiving the letter from the agency, you have a 90 days period during which you must file the case in court.
Suing Under Section 1981
This law doesn’t require the victim to lodge a complaint of discrimination with the EEOC; instead you can directly file the lawsuit in court. This law also gives you a four year long time period from the date of the discriminatory act to file the case. The longer time duration is the reason most employees file complaints under this law.
If there is ever any confusion regarding what is legal interaction and what may qualify as discrimination, contact our Race Discrimination attorney at Eldessouky Law in South California today at (714) 793-0594 to understand your rights, and hold your employer accountable if they are in violation of state or federal laws.