In today’s world, society has come a
long way in terms of racial discrimination. Now more than ever, people are
given opportunities in education, careers, and other areas no matter their race
or ethnicity. However, that does not mean discrimination never occurs. Whether
being denied admission to a specific college or university or being turned down
for a job or promotion, racial discrimination still happens. When it does, it
is important to not sit back and
do nothing. For those who believe they have been discriminated against due to
race, there are a variety of legal options available to them. If you fall into
this category, make sure you contact a racial discrimination
attorney
from can ymployment Lawyers to discuss your situation
in greater detail.
What is Considered Racial Discrimination?
According to racial discrimination law, this type of discrimination can take
many forms. For example, it can include negative
comments made while on the job or in a job interview, off-color jokes meant to
offend, or pictures posted on bulletin boards or shared online that are
racially insensitive. Whatever the case may be, it is important to not only
recognize these incidents for what they are, but to also take appropriate steps
to ensure they do not occur again and keep you from getting the opportunities
you deserve. In these situations, it is best to immediately speak with a racial
discrimination lawyer to have your situation evaluated and decide how best to
proceed.
Office of Civil Rights
If you have been discriminated against on the job, while attempting to be hired
for a job, or perhaps while attending a college or university, you have the
right to contact the U.S. Office of Civil Rights. Since Title VI of the Civil
Rights Act of 1964 prohibits discrimination due to race, color, or national
origin, this can be a critical step in making sure you get the opportunities
you deserve. In most cases, your complaint must be filed with the OCR within
180 days from the last act of discrimination against you. But before filing a
complaint with OCR, it is usually recommended you investigate and attempt to
exhaust all options available through your company’s grievance process. If this
is done and a complaint still needs to be filed with OCR, it must be done
within 60 days of completing the grievance process.
Equal Employment Opportunity Commission
While you can pursue a complaint of racial discrimination through the U.S.
Office of Civil Rights, most of these situations are handled by the U.S. Equal Employment Opportunity
Commission, since the vast majority of racial discrimination law violations
happen in the workplace. By filing a complaint with the EEOC, the agency will
not only have the authority needed to conduct an investigation into the matter,
but also settle a case or file a lawsuit on your behalf.
Filing a Charge of Discrimination
Once you decide to proceed with a complaint of racial discrimination through
the EEOC, your first step will be to file a Charge of Discrimination. But
before doing so, it is recommended you submit an online inquiry to the agency
and speak to an agency representative about your allegations. While the EEOC
representative can advise you on how to proceed, you have the legal right to
file a complaint no matter what type of advice you receive from the EEOC. Due
to the many complexities that can be involved in filing these charges, always make
sure you are working closely with a racial discrimination lawyer who has
experience handling these cases. If you decide to proceed, your charge must be
filed within 180 days of the last discriminatory act, or 300 days if your state
has additional laws prohibiting this form of discrimination.
What Happens After the Charge is Filed?
Once your charges have been filed, the EEOC will notify your employer and
prepare to conduct an investigation. But first, the agency may attempt to
mediate the situation in hope of reaching a voluntary settlement, which would
take far less time than an investigation or lawsuit. However, if mediation
fails or is considered to not be an appropriate option based on the charges, an
investigation will proceed. In most cases, the employer is required to respond
to the allegations within 30 days. Once they have done so, you will have 20
days to provide your own response.
How Long Do Investigations Take?
On average, an EEOC investigation takes 10 months from start to finish. This
includes agency representatives interviewing you, your employer, and anyone
with knowledge of the alleged discriminatory acts. In addition, large amounts
of documents and other evidence will need to be gathered and assessed by the
EEOC. Along the way, you have the right to amend your charges should any new
acts of discrimination occur. While an investigation is proceeding, always make
sure you are obtaining legal advice from a racial discrimination attorney who possesses in-depth knowledge
of these situations.
Right to Sue Letter
After the EEOC completes its investigation, you will receive a Right to Sue
Letter. This letter will contain the results of the agency’s investigation, and
will be crucial to helping you decide how to proceed. In the letter, the agency
will either state the law has or has not been violated, or will be unable to
make a clear determination either way. But no matter the outcome of the EEOC
investigation, you still have the right to pursue a racial discrimination
lawsuit. While the EEOC has the authority to file a lawsuit on your behalf, it
rarely does except in extreme circumstances. Thus, should you decide to pursue
litigation, you have 90 days from the date you received your letter to file a
lawsuit.
Filing the Lawsuit
Once you are prepared to file a lawsuit against your employer for racial
discrimination, be ready to work very closely with your attorney at West Coast Employment Lawyers.
Since these cases are very complex and multi-dimensional in nature, your
attorney will need to gather various types of evidence to help prove your case.
These usually include emails, text messages, and voice mails showing
discrimination occurred, employment records from the employer that may show a
history of discrimination, performance evaluations showing you have been
deserving of a promotion for which you have been denied, and many other
documents that may be relevant to your case. Along with this, your attorney
will interview your employer and any witnesses to the alleged discrimination,
so have patience while the process plays out.
Don’t Procrastinate
Since these matters can sometimes be embarrassing and frustrating, many people
who are victims of racial discrimination procrastinate about whether or not to
take legal action against their employer. However, this is usually a mistake.
Remember that if you have received a Right to Sue Letter from the EEOC, you only have 90 days to file a lawsuit.
Therefore, it is best to immediately contact a racial discrimination attorney
from West Coast Employment Lawyers for a consultation. By doing so, you will be
taking the first step in holding those who denied you the opportunities you
deserve accountable for their actions. Therefore, hire a racial discrimination
lawyer and make sure racial
discrimination law is used in your favor.