Race Discrimination Lawyer In Miami, FL
Contact FairLaw Firm For a Free Initial Consultation Today
Although the United States has come a long way in the struggle for racial equality since the Civil Rights Movement of the 1960s, it is evident that racial discrimination in the workplace is still a reality for many. Both state and federal laws have been passed to protect individuals from being discriminated against due to their race, color, creed, or national origin.
If you believe you were unfairly discriminated against by your employer or while applying for employment, you may be entitled to pursue a claim to address the discriminatory treatment you faced – which can include being placed in the position you should be in but for the discrimination and/or financial compensation for the losses and damages you suffered. FairLaw Firm is a trusted race discrimination employment law firm in the Miami, FL, area.
Please contact us today to request a free initial consultation to determine if you have a case against a current, former, or prospective employer. You have nothing to lose and everything to gain.
You Are Protected Under Title VII of The Civil Rights Act
The Federal Civil Rights Act of 1964 is one of the laws that prohibits racial discrimination in the workplace. Employers subject to Title VII of the Civil Rights Act are not allowed employees differently from others because of their race. Employees may not be segregated in the workplace, i.e., given certain demeaning positions or job duties based on race.
You Are Protected Under 42 U.S.C. §1981
Alongside Title VII of the Civil Rights Act, another crucial legal protection against racial discrimination in the workplace is found under 42 U.S.C. §1981. This statute specifically addresses equal rights under the law for all citizens, which includes the right to enter into and enforce contracts without racial discrimination.
A significant aspect of 42 U.S.C. §1981 is that it allows individuals to pursue legal action directly in court without first going through the Equal Employment Opportunity Commission (EEOC) process. Furthermore, it offers a longer statute of limitations than Title VII, providing victims of discrimination more time to bring a lawsuit against their employers.
If you suspect that your rights have been violated under this statute, consulting with a knowledgeable employment law attorney can help you understand your options and potentially pursue justice and compensation for any discrimination you have experienced.
The Law Protects You
Employers cannot refuse to hire someone because of their race, nor may they assign employees to specific locations or geographical areas due to their race. Furthermore, harassment in the workplace involving racial slurs or derogatory remarks creating a hostile work environment is also unacceptable.
Racial discrimination goes beyond mere skin color to include all characteristics of a person’s race, including hair texture and facial features. Common examples of racial discrimination that may occur in a job setting include:
- Not being hired by an employer due to racial discrimination
- Being denied a promotion due to racial discrimination
- Being wrongfully terminated due to racial discrimination
- Being subjected to unfavorable treatment due to racial discrimination
- Being subjected to a hostile work environment due to racial discrimination
Common Examples of Race Discrimination in the Workplace
Race discrimination in the workplace manifests in various forms, significantly impacting employees and job applicants. Common examples include refusing to hire or promote people of a certain race, creating a racially insensitive work environment, making decisions that affect certain races more than others, and making other employment decisions based on an individual’s or group of individuals’ race.
Hiring and Promotion Discrimination
Employers may make hiring decisions based on race, choosing candidates of certain races over others, despite the laws against factoring race into hiring and promotion decisions. Using race as a factor in deciding who to hire or promote is often more damaging to racial minorities, who may find it challenging to secure employment or promotions despite qualifications.
Hostile Work Environment
A hostile work environment is one in which an employee is subjected to a “severe and pervasive” environment—which often involves frequent racial slurs, racist comments, or racial harassment from co-workers or supervisors that go beyond gossip or joking around. Racial slurs and harassment based on an employee’s race can often create a toxic work environment.
A hostile work environment can significantly affect an employee’s work performance, morale, and self-esteem, and can lead to depression, anxiety about going to work, anxiety while at work, sleepless nights, lost wages, and severe emotional distress. Having to work in a hostile work environment because of that is based on racially insensitive comments and harassment is illegal under the Civil Rights Act of 1964 and §1981, and employees subjected to such behavior can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Race discrimination in the workplace is illegal. If you are experiencing this type of harassment, consulting with a race discrimination attorney or a racial discrimination lawyer can be a crucial step. These legal professionals can help you devise a strategic plan to address the situation, advising on whether to pursue administrative remedies or litigation.
Discrimination lawyers are equipped to assist victims of racial discrimination in recovering not just past financial losses but also potential future losses. Additionally, they can help secure compensation for the emotional distress caused by such discriminatory practices. This may include compelling an employer to take or refrain from certain actions and potentially recovering punitive damages.
For a comprehensive understanding of your rights and options, consider a free consultation with race discrimination lawyers or an employment lawyer. Such guidance can be instrumental in pursuing a claim for justice if you face racial discrimination in your workplace.
Disparate Impact
An illegal disparate impact can occur when a workplace policy or practice seems neutral, but in reality, it disproportionately affects employees of a particular race more than those of one or more other races. For instance, an employer’s decision to close a particular office location may seem like a reasonable business decision.
However, when 90% of the employees who work at that office location are Hispanic, the decision could have a disproportionate impact on Hispanic employees compared to other nearby locations that could have been closed, where 90% of the employees were not Hispanic.
Compensation and Benefits Discrimination
Employment discrimination also includes determining pay and benefits based, if even in part, on an employee’s race. Employers may offer lower wages and fewer benefits to employees of certain racial or ethnic groups, leading to significant financial disparities.
Employees facing such discrimination can seek justice through race discrimination lawyers and potentially recover damages, including back pay (the difference between what they were paid and what they should have been paid), front pay, emotional distress damages, punitive damages, and attorneys’ fees and costs.
What Do I Need To Do?
Although laws are designed to protect employees from being discriminated against at work because of their race, the fact that an employee was subjected to a hostile work environment, not promoted, paid differently, or treated differently because of their race may not be enough to pursue a claim.
Oftentimes, an employer will claim that they were unaware of a situation. Therefore, employees who feel discriminated against often fare much better in lawsuits when they complain to their employer—whether to a supervisor, manager, human resources department, or owner—in writing (by email, text, or other written means).
It may not be enough to complain about being mistreated, harassed, or discriminated against since it is essential to let your employer know why you believe you were or are being mistreated by mentioning the reason, such as race. This way, your employer can take action to address your situation, and you have a record of lodging your complaint in case something happens in the future, such as the events repeating or worse.
How & When Should I File An Employment Discrimination Claim?
Employment discrimination claims usually must be filed with an administrative agency, which is tasked with conducting an investigation, before a lawsuit can be filed. These claims can be filed locally with a designated agency in the County where an employee worked and was discriminated against, with the Florida Commission on Human Relations (FCHR), with the Equal Employment Opportunity Commission (EEOC). The number of employees an employer has typically determines the agency to whom the race discrimination claim is filed.
These agencies often overlap and work together to process employment discrimination claims. Time limitations apply when filing employment discrimination claims, so it is best not to delay.
You should consult an experienced employment discrimination attorney immediately to protect your legal rights. Wading through the employment discrimination claims process can be challenging and, if not done properly or timely, could result in losing the ability to pursue a claim altogether.
The agency you file the claim with has a certain amount of time to investigate your situation. They can then invite you to participate in a mediation with your employer to try to resolve your claim, investigate your claim, and request a response from your employer, or they can do nothing until the time for them to investigate your claim has expired. If the agency decides not to file a lawsuit, pursuing your claim in court with a lawyer may be necessary.
Contact FairLaw Firm Today for Legal Representation
Founded in 2004, FairLaw Firm represents employees who their employers have mistreated. We level the playing field so that employees can stand up for their rights against their employers to address workplace injustices such as racial discrimination. Passionately opposed to all forms of racial discrimination, we believe there is no place for racial discrimination in the workplace.
With our extensive experience in state and federal trials, we are not afraid to argue cases before a jury. Since settlement is often a better option than the time and risks associated with letting a jury decide, and based on our past jury verdicts, we are frequently able to settle cases on terms that are acceptable to our clients, allowing them to decide when and how their claims are resolved.
Our clients can expect to receive regular updates on the status of their case as it progresses, during which we provide our assessment of their case and realistic expectations about their unique situations. Our friendly, skilled employment attorneys are supported by a fully bilingual staff, offering English and Spanish services, to ensure our clients are well-informed.
Were You Mistreated Because Of Racial Discrimination? Call Now!
Any member of a protected class who feels they have been unfairly discriminated against because of their race, color, creed, or national origin should reach out to a workplace discrimination lawyer. Whether you feel you were mistreated, harassed, demoted, denied a promotion, or fired due to racial discrimination, please contact FairLaw Firm for a free case evaluation. Our race discrimination attorneys in Miami are dedicated to fighting for equality and justice in the workplace. Reach out to us today!
