Discrimination in the workplace based on your racial identity is illegal. Both state and federal anti-discrimination legislation prohibits this sort of discrimination. The Equal Employment Opportunities Commission (EEOC) is the federal agency that oversees anti-discrimination legislation covering racial discrimination under Title VII of the Civil Rights Act. Each state also has an agency that regulates and investigates cases of discrimination and has similar legislation to Title VII. The main difference between the state agency and the EEOC is that the latter deals with claims from employees in workplaces with 15 or more employees.
If you believe that you have or are currently experiencing racial discrimination at work, and have had no resolution from your employer, you may be able to file a complaint with either the state anti-discrimination agency or the EEOC.
Examples of Workplace Racial Discrimination
Racial discrimination in the workplace can take several forms. Usually, when racial discrimination is part of the workplace environment, it is not confined to a single employee of a particular race but is more widespread.
Examples of what might be considered racial discrimination may include any combination of the following:
- on the receiving end of offensive comments or actions, notes, emails, messages , slurs, etc.;
- can’t get hired;
- fired because of your race;
- not able to get promotion or other benefits;
- not able to get training;
- receive less pay than employees of other races;
- not allowed to wear clothing or hairstyle related to your ethnic or racial identity (unless unsafe in specific work conditions).
Filing a Claim for Racial Discrimination at Work
Any obvious or ongoing discrimination experienced against you other than the occasional teasing or joke should be followed up by a complaint filed with your HR department or whoever is responsible for personnel. It is a good idea to send a formal letter and to keep a copy of both your complaint and any response you receive.
If the complaint is not resolved or dealt with to your satisfaction, and the actions continue, you should then file a complaint with either a state agency or the EEOC. For example, if you live in Philadelphia, you can file a complaint with the Philadelphia Commission on Human Relations (PCHR)
When you file a claim with the EEOC or the PCHR, include as many details as possible: where, when, and what form the discrimination took place, offensive comments that occurred, how you contacted your employer, what their response was, etc. Any evidence that can support your complaint should be included such as statements from co-workers corroborating your complaint.
If you file your complaint with the state agency, it may work with the EEOC to investigate and resolve the claim under a work share agreement.
Remedies for Racial Discrimination
Whichever agency you contact with your complaint should organize an investigation. Your employer will be contacted and there will be an attempt at resolving the complaint. Your pay discrepancy may be resolved, failure to get training or promotion may be reversed and offensive behavior curbed. If there is no satisfactory resolution, the anti-discrimination agency may issue a fine or other penalties against your employer.
Resources:
- https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
- https://www.employmentlawhelp.org/discrimination/report-racial-discrimination
- https://www.eeoc.gov/filing-charge-discrimination
- https://crc.ohio.gov/FilingaCharge/ChargeFilingProcedure.aspx
- https://www.employmentlawhelp.org/discrimination/prove-racial-discrimination