Even in this modern world, issues of race discrimination still occur in various office settings. This is when your race, which pertains to your skin color, nationality, citizenship, and/ or ethnic origins, affects how people treat you. West Coast Employment Lawyers noted that this is illegal if it takes place in these kinds of setting:
- Training and employment context
- Education setting
- Under the process of providing goods and services such as the banking or entertainment industry
- Finding suitable housing
- Any activities carried out by government authorities.
Under these kinds of scenarios, a top racial discrimination attorney would advise you to report what is going on because it is a form of harassment and victimization. It is also your duty to report this to the proper authorities, so the problem can be nipped in the bud and other people will not suffer the same miserable fate.
Two Kinds of Race Discrimination
There are two kinds of race discrimination to watch out for: direct and indirect. An employment attorney pointed out this kind of actions does not need to be deliberate to be considered illegal. In fact, someone may be discriminating against you without them meaning to. However, this still counts a a form of discrimination.
Direct discrimination is when someone treats you unfairly because of your race. Usually, in this scenario, someone in a different race or group will get better treatment even if you share the same circumstances. One clear cut example is if your manager refuses to promote you because your look will not be liked by the clients. Another scenario is if you are directly rejected from a job because you are married to someone who is bi-racial in origin.
On the other hand, indirect discrimination is having a rule, policy, or practice which adversely places a particular race or ethnic group in a disadvantageous position. For instance this includes banning of wearing headscarves for Muslim women, an employer is insisting you need to have perfect English grammar, or you boss insists you can only make the cut if you have certain UK certifications. Proving this, however, is a lot trickier because if your employer has a genuine and sensible reason for enforcing this policy, then it won’t count as discrimination.
Reporting the Crime for an Ordinary Worker
According to the Equal Employment Opportunity Commission or EEOC, it is critical to report a charge of discrimination immediately. Take note: federal employees need to go through a different process, which will also be discussed below. The EEOC requires you to file a charge before you can file a lawsuit. On top of that, there is a strict limit for filing a charge, so it is critical to do this as soon as possible. There is typically a 180 day filing deadline, which can extend to 300 days if it is a charge that violates the age discrimination state laws.
Online via the Public Portal
A discrimination charge can be done online through the EEOC public portal. The online system will ask you several personal questions to determine the veracity of your case and to determine if they are the right agency to handle your issues.
In Person at any EEOC Branch
You can also go to any EEOC branch or office to lodge our complaint in person. However, before you head off to the nearest location, you have to make an appointment in the online portal and secure your schedule. Offices also have walk-in appointments. To find the nearest EEOC federal agency nearest you, check out this link: https://www.eeoc.gov/field/index.cfm for further information. Having a discussion with one of the staff members is really the best option because they can give you advice and steer you in the direction of a reliable employment attorney.
One of the best racial discrimination attorneys out there noted that you have to file this racial discrimination charge at the office nearest to your company head quarters. When you go, bring all the necessary proof and documentation, so the EEOC staff can help you to properly assess your case. You can bring anyone to this meeting, including like your lawyer or translator. Although a lawyer is not necessary to file a charge, it is beneficial to have one with you because they will advocate on your behalf and they will work hard to ensure that you get the justice you deserve.
Charges are not taken over the phone, but the process can be started over the phone, especially if you waited until the very last minute to file the case. You can call 1-800-669-4000 to discuss your situation with a representative. From there, you can make an informed choice about what to do.
Through a State or Local Fair Employment Agency
Many organizations in your state enforce the tenets that are espoused by the EEOC. By filing through this agency, you are protected with dual filing that credits your case under both agencies. This protects you under both the federal and state law.
If you only have less than 60 days to work with, the portal of the EEOC will give you instructions to provide the necessary information by sending them a letter with your pertinent contact details, your employer’s details, the number of employees if known, and a short summation of the events that transpired, which you feel are discriminatory.
For Federal Workers
If you happen to be a federal employee or job applicant, and you feel that you are being discriminated against, then you must take the necessary steps to ensure that you are protected from these powerful government employee superiors. This law will protect your if you file a complaint or serve as a witness in a complaint’s process. Here’s what you can do:
Contact the EEO Counselor
The first thing you must do is contact an Equal Employment Opportunity Counselor. You must make contact within 45 days of the discriminatory act. The EEO counselor will give you an option to participate in either EEO counseling or an ADR, known as an alternative dispute resolution like a mediation process.
If you do not come into an amenable agreement, you must file a case with the EEO office against the errant federal employer you were part of or considering applying too. You only have 15 days from when you receive the notice from you EEO counselor about how to file. Be sure to get things done because timing is of great importance.
Filing a Formal Complaint
If the agency does not dismiss your case, it will ask for 180 days to conduct a thorough investigation. There are only two possible outcomes: you can request for a hearing from the EEO judge or ask the agency to issue final decision.
Asking for a Hearing
If this is your option, you have to request in writing through the public portal where you can upload hearing request. From within 30 days that you receive a notice about your hearing rights, a Federal judge will conduct a hearing. After the judge’s decision the agency will issue a final order. It would be best to have your experienced West Coast West Coast Employment Lawyers at your side during this critical moment. They will make sure that your case is stated properly, making all sides aware of the plight you have suffered against these prejudiced individuals.
Filing an Appeal
If you are unhappy with the results, you can opt to file an appeal no later than thirty days after you receive the final order. If you have hired a skilled lawyer, they will attend to this process on your behalf. Remember, you must go through with this administrative complaints process before you can file a full-pledged lawsuit.