Discrimination law is a subsection of employment law in which a person alleges being treated differently in whether to be hired, or in treatment after being hired (such as comparative level of pay or difference of job within the company), or in treatment in being fired, due to a legally protected distinction, including, but not limited to, race, religion or gender. A discrimination lawyer must prove that the aggrieved person has been unduly affected, and for the specified reason. In other words, if a Jewish employee feels that he’s being paid less, or being given more and/or harder work, than a Christian employee who, for all intents and purposes, has the same job, then he can argue under civil rights laws that he has been facing discrimination. A discrimination lawyer would be able to boost his case by finding other current or former employees of the discriminating party who can testify to similar treatment.
WHAT IS A DISCRIMINATION Attorney?
A discrimination lawyer deals with discrimination based on the intentional act of unfair treatment by race, ethnicity, gender, religion, national origin, physical or mental disability, and age. Discrimination attorneys are also attorneys that must be very knowledgeable in the fifth and fourteenth amendments of the United States Constitution. If you have been a victim of any type of discrimination, you should consider contacting a discrimination lawyer.
FACTS ABOUT DISCRIMINATION LAW
A discrimination lawyer can help you get through all of the legal issues concerning discrimination. All forms of discrimination should not be tolerated. When there is a case involving discrimination, a discrimination attorney should be consulted. Even though it might seem costly to hire a discrimination attorney, it would be wise to at least explore your options.
Racial Discrimination
The Declaration of Independence says all men and women are created equal, yet racial discrimination in the workplace still persists, challenging the conception of the country’s democracy. Title VII of the Civil Rights Act of 1964 was passed to protect individuals against employment discrimination on the bases of race and color, in addition to national origin, sex and religion. Generations of discrimination and prejudices have kept qualified individuals from landing jobs and advancing, but under Title VII, job-related issues are supposed to be based on merit and performance; prohibiting intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job-related.
Simply put, it is illegal under Federal and State laws to discriminate on the basis of a person’s race or color. In 2004, the Equal Employment Opportunity Commission (EEOC) of the United States received 27,696 complaints of racial discrimination in the workplace. The commission said it has received an increasing number of color discrimination charges. Since the mid-1990s, color bias filings, according to the commission, have increased by 125 percent. Racial discrimination in the workplace is not only illegal, but it is cruel and debilitating.
In the United States, major strides have been made in achieving equality in the workplace, but racial discrimination still exists. These days, racial discrimination is not as overt, making it harder to identify at times. No matter what form racial discrimination presents itself in, employers and employees must realize it is illegal, and allowing it to continue only feeds into the disturbing and problematic practice.
Because some people might fear putting their jobs on the line by speaking out about racial discrimination, it is important to become educated about the subject and understand your rights. Federal employment laws do not tolerate prejudice, and penalties for racial discrimination exist. In addition to filing a complaint with the EEOC, individuals should not hesitate to contact a qualified attorney. Remedies for employees who have suffered racial discrimination exist under Title VII.
If you believe you have been the target of racial discrimination, remedies under Title VII allow:
- reinstatement and promotion
- recovery of wages and job connected losses
- money damages
- injunctive relief (when a company is ordered to change its policies in order to stop discrimination)
- and payment of attorney’s fees.
Racial discrimination affects the quality of life for employees being treated unfairly, but legal options do exist. If you have been discriminated against on the basis of race, please contact us to confer with an attorney.