What is Racial Discrimination?
When the employer treats some people less favorably than others because of their race.
- Not being hired or promoted because of your race
- Termination because of your race
- Bad performance reviews motivated because of your race
- Negative comments about your racial group
- undesirable work assignments because of your race
Is Unequal Treatment Enough?
No, unequal treatment, in and of itself, is not a violation. The unequal treatment has to be "because of race."
What about Stereotyping?
Stereotyping is a key problem in the employment area because much discrimination stems from employer perceptions about the abilities of various groups in society. An employer will violate Title VII if the employer acts based on a generalization (stereotype) without pausing to consider whether that generalization (stereotype) is true of the individual in question.
What Does "at will" Employment Mean?
The majority of employees are "at will," which means that their jobs can be terminated by their employer ( or they can quit) at any time for good reason, bad reason, or no reason at all. However, the employer can not terminate an employee for an illegal reason. If an employer terminates an employee for an illegal reason, such conduct may violate an anti-discrimination statute.
How Can the Daugherty Law Group Help?
With a strong presumption that employment is at will, the burden is on the worker to prove the exception, that she has been the victim of some form of discrimination.
The federal statutes that protect employees ( Title VII, Age Discrimination in Employment Act, American with Disabilities Act, etc.) all have complicated procedural requirements as a prerequisite to filing suit. We can evaluate your case, assist you though the procedural process, negotiate with your employer, and if necessary, represent you at trial.
If you believe you have been discriminated against, please contact our lawyers to discuss your legal options.