Fight Asian Discrimination in the Workplace and Help Eradicate Racism
Racial discrimination in the workplace is nothing new, but racism against Asian employees has spiked since the beginning of the COVID-19 pandemic.
If you are experiencing Asian discrimination, DoNotPay can help you understand your rights and options for fighting back!
Asian discrimination is a form of racism aimed at members of the Asian community. In the workplace, it can mean that Asian employees are treated differently—often worse—due to their race.
Employment discrimination based on race is illegal under the terms of Title VII of the Civil Rights Act of 1964, which states that an employer may not practice any of the following:
|Type of Discrimination||Explanation|
|De jure discrimination||It is illegal for an employer to install any policy that actively discriminates against an individual or group based on race|
|De facto discrimination||If an employer allows discrimination to take place despite anti-discrimination policies being in place, the company may be found guilty of discrimination|
|Harassment||All forms of harassment at work are illegal, including:|
|Wage discrimination||All employees must receive the same remuneration for the same work|
|Retaliation||No acts of retaliation against employees who complain of discrimination are allowed|
Before 2019, Asian-American discrimination was just one of the manifestations of racism in U.S. workplaces. Since the onset of the COVID-19 pandemic, anti-Asian hate crime has grown by over 150% in 16 of the largest cities in the country—and employment discrimination has increased in tandem.
To put the problem in context, according to the Equal Employment Opportunities Commission (EEOC), Asian-Americans made up 5.5% of the U.S. workforce in 2014, with the number steadily increasing each year. This means that Asian discrimination affects a significant number of people.
Two landmark lawsuits in 2012 and 2014 raised the profile of Asian discrimination considerably:
- EEOC v. Delano Regional Medical Center (2012)
- EEOC v. Hawaii farms (2014)
The EEOC achieved a settlement of almost $1 million after nearly 70 Filipino hospital workers were routinely discriminated against due to their race and country of origin.
Four Hawaiian farms agreed to pay $2.4 million in compensation after they were found to have discriminated against 500 Thai farmworkers.
The fallout from the COVID-19 pandemic is still unclear, but the EEOC expects a spike in Asian discrimination cases in the workplace.
As a victim of discrimination against Asian-Americans, you have the anti-discrimination laws on your side and the EEOC as your ally.
The EEOC enforces federal laws against workplace discrimination and is empowered to:
- Investigate your case
- Suggest conciliation or arbitration with your employer
- Commence legal action
- Give you permission to contact a discrimination lawyer and launch a private lawsuit
- What happened
- Who was involved
- When the incident occurred
- Who witnessed it
As soon as the EEOC receives your charge, they will contact your employer to inform them of the complaint and begin the investigation process.
You cannot commence legal action for discrimination against your employer without written permission from the EEOC. DoNotPay can help you start the ball rolling by getting your charge filed quickly and easily!
DoNotPay is your go-to resource for making your fight against workplace discrimination easier. We make filing your charge of discrimination simple—all you have to do is follow these steps:
- Sign up with DoNotPay in your web browser
- Search for our Fight Workplace Discrimination product
- Give us all the details of your case
DoNotPay can take over from here—we will file your case, and your nearest EEOC office will contact you to talk through your next steps.
Race discrimination cases can be high-profile and may result in significant compensation if your employer is proved guilty or agrees to settle. The compensation can include:
- Damages for psychological trauma
- Reimbursement of lost wages or benefits
- Reimbursement of your legal and court costs
- Punitive damages against your employer
Although several cases have hit the headlines with high compensation amounts, the average settlement comes to around $40,000. It is worth considering the cost of legal action versus the benefits you stand to gain before you launch your case.
You can increase your chances of getting what you deserve by making sure you have enough evidence to support your allegations. This means you must:
- Keep a diary of all incidents of Asian discrimination
- Lodge a formal complaint with your supervisor or HR department
- Make sure your company’s anti-discrimination policies cover your case
The EEOC handles all forms of workplace discrimination, including cases based on:
Whatever form the discrimination takes, the EEOC and DoNotPay are here to help you!
Discrimination at a workplace is a serious issue. Unfortunately, the problems sometimes escalate into full-blown hate crimes.
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