In today’s diverse and interconnected world, the issue of race discrimination in the workplace remains a significant concern. Race discrimination in the workplace continues to be a serious issue that affects many West Virginia minority workers. Although many Americans today agree that race should not be a factor in employment decisions, we at Addair Entsminger have successfully represented many minority workers who unfortunately continue to be subjected to some form of racial discrimination in the workplace.
Race Discrimination is Illegal
Although it is widely recognized that discrimination based upon race is an abhorrent practice that prevents the full participation of minorities in American society, precludes their advancement, and causes great damage to their communities, the practice has not always been recognized as unlawful in the context of employment. But in the years after the U.S. Supreme Court’s 1954 decision in Brown v. Board of Education and under the weight of a burgeoning Civil Rights Movement, the United States Congress and many state legislatures began to recognize the need for legislation explicitly declaring race discrimination in employment to be illegal and instituting measures designed to eradicate the practice.
For instance, the West Virginia Human Rights Act was passed in 1961. This landmark legislation declared it a public policy to provide equal employment opportunities for all West Virginians without regard to race. West Virginians are also protected from race discrimination by Title VII of the Civil Rights Act of 1964. Both laws explicitly prohibit employers from discriminating based on race, color, national origin, or ancestry. Additionally, it is now well settled that the Civil Rights Act of 1866, a law passed by Congress designed to foster the integration of African Americans into the American Society after the Civil War, also protects non-white citizens from employment discrimination based upon race.
Although they vary slightly in the damages available, all these laws authorize victims of race discrimination to take legal action to redress race discrimination by filing an administrative action against their employer and/or filing a civil lawsuit in state or federal courts. These laws also protect those who report or oppose racial discrimination from retaliation by making retaliation illegal and authorizing the same legal remedies for victims of retaliation. The West Virginia Human Rights Act and the Title VII also encourage victims of race discrimination or retaliation to take legal action by authorizing the administrative agency or court to award a prevailing employee his/her attorney fees and costs in prosecuting his/her claim.
Types of Actionable Race Discrimination
There are three types of racial discrimination. The first type is disparate treatment discrimination. This is perhaps the most abhorrent form of racial discrimination as it involves intentionally treating an individual unfavorably in regard to the privileges and benefits of employment based upon their race or because of personal characteristics associated with race. To prove disparate treatment discrimination, an employee in a protected class for race must show that the employer made an adverse employment decision against him or her and that such decision was motivated, in whole or in part, by race. The classic case is termination or rejection of employment, but it could also involve decisions regarding promotions, salary, job assignments, and other terms and conditions of employment.
The second type of actionable race discrimination is “hostile work environment” racial harassment, which involves unwelcome conduct, usually of an explicitly racial nature, that is motivated by the race of an individual and which creates an intimidating, hostile, or offensive work environment. Racially harassing conduct may include racial epithets, hate speech, stereotyping, tropes, comments, jokes, innuendo, racialized discussions, and other hostile or offensive conduct based upon the race of an individual. This type of discrimination is also particularly odious because of its intentionality as well as the racially insensitive language and hate speech that is often used.
The third type of racial discrimination is called “disparate impact” race discrimination. This type of discrimination occurs when, although the employer may not specifically intend to discriminate based upon race, the ultimate effect of their policies, procedures, and practices result in a disparate impact for racial minorities. The classic example of this type of discrimination is where some hiring policy that is racially neutral on its face has the practical effect of excluding racial minorities from being hired by the employer.
How Can Racial Motivation for an Employment Decision be Proven?
Racial animus is an element of the mind. And it is rare that an employer will explicitly state a racial motivation for an employment decision. Accordingly, there is very rarely a smoking gun or direct evidence that conclusively shows that an employment decision was racially motivated. As a result, it can be difficult to prove disparate impact discrimination. However, the attorneys at Addair Entsminger are highly skilled at showing the racial motivation of discriminatory employment decisions through the development and presentation of circumstantial evidence.
Specifically, our attorneys employe their experience gained in prosecuting countless disparate impact cases to uncover evidence in the litigation process of prior statements or actions showing discriminatory animus against racial minorities, other similar instances of racial discrimination, evidence of more favorable treatment under similar circumstances of other employees who are not racial minorities, evidence of others who were disciplined less harshly for the same alleged offenses, evidence discrediting the employer’s stated reason for the decision, evidence of a shift in the stated reasons for the decision, and other circumstantial evidence that chips away at the employer’s stated reason for the decision and shows that the real reason was motivated by race.Top of Form
How You Can Help Legal Counsel Prove Your Case
As previously discussed above, discrimination must usually be proven through circumstantial evidence. To ensure that an attorney can show that a minority employee was discriminated against, it is vitally important for the employee to immediately begin to document and preserve any circumstantial evidence showing a tendency for racial bias or a racially hostile environment as soon as he or she senses that there may be racial biases or racial hostility afoot in the workplace.
For instance, employees should promptly report and document all instances of suspected race discrimination and/or racially hostile conduct or language. The most efficient and effective way to do so is often through the sending of an email to a supervisor, Human Resources representative, or other individual or group designated by the employer for receiving complaints of race discrimination.
Employees should also ensure that all documents, text messages, social media messages, voicemail, recordings, videos, or other evidence of racially biased or hostile statements are securely preserved.
The names and contact information of any witnesses or others with knowledge of the employer’s racial animus should also be documented and preserved so that it can later be provided to legal counsel. Additionally, contemporaneous notes documenting relevant events can be helpful. However, employees should be aware that caution must be exercised in making notes, as the notes will likely need to be turned over to the employer’s counsel during any subsequent lawsuit.
Addair Entsminger PLLC Can Protect Your Rights
Victims of racial discrimination and those who report such discrimination would be wise to contact a lawyer as soon as possible for advice and guidance. In the case where legal action is necessary, a race discrimination lawyer like the attorneys at Addair Entsminger should be contacted without delay, as there is a time limit for when claims of race discrimination can be brought. In some instances, claims must be filed within a very short period of time.
The attorneys at Addair Entsminger are highly skilled and experienced in representing victims of race discrimination and retaliation in West Virginia. Specifically, Addair Entsminger’s attorneys have represented, in actions before administrative agencies and in state and federal courts of law, numerous West Virginians who have been subjected to race discrimination and harassment in the workplace or retaliated against for reporting or opposing such harassment. We have used our experience and knowledge of race discrimination and retaliation laws to recover millions of dollars for our sexual harassment clients.
If you have been the victim of race discrimination, harassment, or retaliation in the workplace, our dedicated team of attorneys is ready to stand by your side and advocate for your rights every step of the way. Call (304) 881-0411 immediately or click here to schedule a confidential consultation. Our attorneys will provide you with the guidance and support needed to pursue legal action and hold the responsible parties accountable.
