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Wade Coye's Blog
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Recent Updates:
Racial Discrimination
When seeking employment, a person's race should not be a barrier. Title VII of the Civil Rights Act of 1964, available here, states that a person cannot be fired or denied employment based on their race. Some consider this issue to be a thing of the past, but racism in the workplace still exists. The Coye Law Firm is committed to helping those who have been discriminated against because of their race when dealing with potential or current employers.
Racial discrimination in the workplace requires a lawyer because an employer may try to evade responsibilities through their own legal representation. If you have been discriminated against because of your race, a discrimination lawyer can help protect your rights. Call the Coye Law Firm in order to:
- discuss your case and determine if discrimination is occurring
- know what your personal rights are as an employee
- discover what compensation you may be entitled to
- pursue legal action through complaints or lawsuits
Discrimination in the Hiring Process
An employee or applicant that is asked about his or her race has the right to know how the information will be used. Pre-employment questions on forms should have their purposes clearly stated to ensure that race is not a factor in the hiring process. Employers sometimes use this information for affirmative action purposes or to track applicants. However, if an employer refuses to share how the information will be applied, it may be used for discriminatory practices.
In addition to being personally discriminated against, a person may have their employment rights violated if they are married to someone of a certain race and are denied employment because of this. This is a difficult issue not just for one person, but an entire family. Stereotypes may also be factored into job placement decisions, and you should be aware that this is discrimination as well.
Discrimination in the Workplace
Opportunities for promotion and advancement in a company should be granted to all employees regardless of race under Title VII of the Civil Rights Act of 1964. This is a federal law that provides protection for all citizens.
Additionally, it is reasonable to expect a work environment free from insults, harassment, "jokes," or derogatory comments based on one's race. The offensive comments must be unwelcome and pervasive to be legally prosecuted. Employers and employees alike are responsible to maintaining a neutral work environment, so any potential harassment may be reported by them as well.
Discrimination based on Color or National Origin
Title VII also protects employees from harassment based on their national origin. Discrimination of this form may be mocking accents, assuming someone is a member of a certain race, or simply denying rights because of where someone comes from. So-called "English-only" rules regarding language in the workplace are a form of discrimination if a mastery of the language is not necessary to do the job effectively. Employers who discriminate against employees because of the color of their skin are also acting illegally. Don't tolerate harsh working conditions due to discrimination. Call our offices today.
How to Pursue Action
Before considering a lawsuit, complaints must first be filed with the Florida Commission on Human Relations or the Equal Employment Opportunity Commission. Both agencies have articles and links on seeking remedies for discrimination in the workplace. If either of the agencies finds reason to believe that discrimination did take place, then a lawsuit may be filed. Some outcomes of lawsuits include hiring, reinstatement, promotion, back pay, or money damages.
An explanation of the act and statistics on claims of racial discrimination can be found at the Equal Employment Opportunity Commission's website.
If you testify in a trial regarding your own or someone else's claim of discrimination, it is illegal for your employer to retaliate because you oppose discrimination. Retaliation may include harassment or loss of employment.
Being denied employment based on race is a sad reality in today's world. Fortunately, there are legal measures in place to protect your opportunities and advancement as an employee. The race discrimination attorneys of the Coye Law Firm knows the federal and state laws in place to protect you from discrimination and calling us today can help you in your search for justice.
