See How To Prove Race Discrimination in the Workplace and Help Eradicate Racism
Knowing you are a victim of workplace discrimination is one thing, but it is quite another to have to prove it.
DoNotPay understands your problem and is here to help. We can show you how to prove race discrimination in the workplace and win your fight against prejudice!
Race discrimination can come in many forms, some of which are difficult to identify as discriminatory:
|Type of Discrimination||Explanation|
|De jure discrimination||If your employer uses policies or embedded systems that discriminate against you based on your race, this is regarded as de jure discrimination. An example would be the deliberate hiring of a particular racial group for certain tasks in the company|
|De facto discrimination||De facto discrimination involves treating individuals or groups differently despite company policies that forbid the practice. An example of de facto discrimination would be running criminal checks on new hires or employees that may disproportionately disadvantage certain racial groups|
|Wage discrimination||The Equal Pay Act of 1963 states that everybody should be paid equally for performing the same tasks. Any wage discrepancies between employees in the same jobs are illegal|
|Harassment||Harassment can be subtle, ranging from occasional inappropriate comments to outright bullying. It can include:|
|Retaliation||Retaliation involves the deliberate victimization of employees after they have complained about discrimination|
Except for de jure discrimination, these behaviors can be difficult to prove for the following reasons:
- Many employment or task-allocation decisions are made behind closed doors, so proving that you were not hired or sidelined due to your race requires evidence that could be hard to find
- Many companies enforce strict non-disclosure policies around remuneration, meaning that you will risk disciplinary action if you try to prove wage discrepancies
- Accusations of harassment will normally result in the perpetrator denying that they intended to harm you. The burden is on you to prove otherwise
- Retaliation must be linked clearly to the fact that you have complained about discrimination. A company will usually try to mask any retaliatory action by claiming the complaint and subsequent retaliation are not linked
Infringements of anti-discrimination laws are civil cases, so a discrimination lawyer will tell you that you need to prove your case on the “balance of probability.” This means you will have to collect enough evidence to prove that your employer most likely tried to discriminate against you.
To do this, you need to do the following:
- Keep a diary
- Make sure HR is informed
- Check company policy
You should record every incident of race discrimination against you and any colleagues who are affected. Your records should be as detailed as possible, including:
- Dates and times
- Names of perpetrators
- Exact details of what happened
- Names of witnesses
If you are not alone in being discriminated against, you should encourage your affected colleagues to keep records, too—the more people making similar allegations, the more probable your case will appear.
You should report every incident of race discrimination to your supervisor and HR department. If they try and downplay your reports, you need to make sure they are recorded in writing and filed properly. This acts as proof that you have tried to resolve the issue internally before commencing legal proceedings.
Your employer should have a written policy document covering discrimination at work—this could be important in determining a case of de facto discrimination.
Proving racial discrimination is not easy, so the more facts you can collect as evidence, the stronger your lawsuit will be.
If you cannot solve your race discrimination internally, you can enlist the help of the Equal Employment Opportunities Commission (EEOC).
The EEOC enforces federal anti-discrimination laws and is mandated to:
- Investigate complaints of discrimination at work
- Facilitate mediation between you and your employer
- Launch legal action against companies
- Give you permission to file a lawsuit against your employer
This can be a challenging process, as the EEOC often wants you to attend an in-person interview before they accept your charge. Thankfully, DoNotPay has a way to get your charge lodged online in a few easy steps!
Like in so many areas, DoNotPay can simplify the process of lodging your charge of discrimination with the EEOC.
To get your charge filed, follow these three easy steps:
- Sign up with DoNotPay in your web browser
- Search for our Fight Workplace Discrimination feature
- Give us the details of your case by following the prompts
That’s all you need to do—your nearest EEOC office will contact you to discuss your next steps.
Many cases involve discrimination based on multiple factors—race discrimination may be one of several areas where your employer is breaking the law. Anti-discrimination legislation also prohibits discrimination based on:
If you are experiencing any of these, the EEOC and DoNotPay can help you get justice!
Fighting discriminatory bosses and colleagues is not the only item on DoNotPay’s agenda. If your EEOC report doesn’t work out, explore the option of suing the perpetrator in small claims court with our help.
Those who experience full-blown hate crimes can use our platform to file for crime victims compensation or deal with insurance claims. Lost a job because of discrimination? Use DoNotPay to get help with bills, reduce your property taxes, or find any unclaimed assets in your name.
Injustice lurks around every corner, and DoNotPay won’t have any of it. That’s why we keep creating tools and services to help you fight back against all kinds of unfair treatment.
With our help, you’ll be able to:
- Fight parking tickets
- Put an end to stalking and harassment
- Get refunds you’re entitled to
- Secure compensation from airline companies
- Protect your work from copyright infringement
There’s more where this came from because the good fight doesn’t stop here.