Race discrimination in the workplace is illegal, but workers are still treated unjustly because of their racial and ethnic characteristics. If you believe that you have been subjected to race discrimination in Chicago, turn to Vaziri Law, LLC.
Our firm is dedicated to helping clients throughout Illinois fight back against racial discrimination. In spite of federal and state laws that prohibit employers from making race-based employment decisions, standing up for your employment rights can be challenging.
Once you become our client, we will take immediate action and work to hold your employer accountable. Well-versed in the applicable equal employment opportunity laws, we have a proven history of achieving positive outcomes in and out of the courtroom. Contact our office now to discuss your case with an experienced race discrimination lawyer.
Identifying Race Discrimination in the Workplace
Employers are prohibited from making employment decisions or taking adverse employment actions against an employee based on race. Racial discrimination in the workplace occurs when an employer:
- Refuses to hire a candidate based on his or her race or ethnicity
- Offers a lower rate of pay or inferior terms of employment based on race
- Denies employees training and promotional opportunities due to their race
In addition, harassment based on race is also illegal. Harassment occurs when supervisors, coworkers, or third parties (e.g. customers, vendors) use racial slurs or make offensive race-based comments that create an abusive, threatening, or hostile work environment.
If you have been denied an employment opportunity, passed over for a promotion, or subjected to harassment or an adverse employment action (termination, demotion) because of your race, color, or national origin, you may have a viable racial discrimination claim. Our firm is here to help protect your rights; we are committed to fighting employment discrimination in all its forms.
Race Discrimination in the Workplace Is Illegal in Chicago
Racial discrimination in the workplace violates both federal and state laws, including:
- Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, color, national origin, and other protected characteristics (e.g. age, sex). Title VII applies to employers with 15 or more employees
- The Illinois Human Rights Act (IHRA) prohibits race discrimination in all aspects of employment (e.g. recruiting, hiring, promoting, terminating), and applies to all public and private employers with one or more employees.
Before filing a lawsuit under Title VII, you must file a claim with the federal Equal Employment Opportunity Commission. The EEOC will issue a right to sue letter if the claim cannot be resolved.
The IHRA provides stronger legal protections against race discrimination because it applies to most employers and allows you to file a lawsuit with pursuing an administrative proceeding first. It is worth noting that lawmakers in Illinois are considering an amendment to the IHRA – the CROWN (Creating a Respectful and Open Workplace for Natural Hair) Act – which would prohibit discrimination based on natural hairstyles associated with race, such as braids, locks, and twists.
At Vaziri Law, we are highly experienced in administrative and court proceedings and have the skills to protect your employment rights whether through negotiation or litigation.
Types of Racial Discrimination
There are two forms of race-based discrimination – disparate treatment and disparate impact racial discrimination.
Disparate Treatment Discrimination
Employers in Chicago are required to treat employees and job candidates fairly in connection with any employment decision or the application of any employment policy.
Disparate treatment based on race occurs when (1) Black employees are treated less favorably than white employees in a similar situation or (2) employees with physical features associated with a specific race or ethnicity (e.g. hair texture, skin color), are treated less favorably than other employees. Examples include:
- Offering promotions exclusively to white employees
- Requires drug testing only for Black workers
Disparate Impact Discrimination
Disparate impact discrimination when an employment policy or practice applies to every employee but has a disproportionately negative impact on employees based on their race. Although this form of discriminatiion can be harder to prove, an employer must be able to demonstrate that the policy in question has a legitimate employment-related basis.
In any event, to have a valid race discrimination claim, you must be able to prove that:
- You are a member of a protected class (e.g. African American)
- You were qualified for or performed the job adequately
- You were denied a benefit of employment (e.g. job offer, promotion) or subjected to an adverse employment action
- You suffered damages (e.g. lost wages, benefits)
The best way to prove your claim is to work with our experienced race discrimination attorney.
Contact Vaziri Law, LLC Today
Racial discrimination should never be tolerated, in the workplace or anywhere. The sooner you contact our office, the sooner we can start working on your claim.