Is It Unlawful to Discriminate Against a Person Because of That Person’s Race?
Yes, it is unlawful to discriminate against people of any race. As race discrimination attorneys in Columbus, the employee rights lawyers with The Friedmann Firm welcome opportunities to hold employers accountable for discriminating against workers and job applicants.
Legal Protections Against Racial Discrimination in Employment
The Ohio Civil Rights Act of 1959 and, at the federal level, Title VII of the Civil Rights Act of 1964 include race on list of personal characteristics that employers cannot use when it comes to making employment decisions. National origin, color, sex and religion are also on the list of protected characteristics under Title VII.
For current employers and employees, the Ohio Civil Rights Commission clarifies that race cannot be a consideration when determining pay, promotions, hiring or the benefits associated with any job. Race also cannot be used as a factor in the following circumstances:
- When writing job advertisements;
- During the interviewing and hiring process;
- When setting the terms of employment such as hours and pay;
- When setting the conditions of work such as location and equipment;
- When imposing discipline for poor performance or violations of company policy;
- When making layoffs and conducting recalls; or
- When deciding who to promote, demote, or fire.
Racial Discrimination Can Create a Hostile Work Environment
Federal and state laws also protect job applicants and employees from race-based harassment. Racial jokes and insults, if severe and pervasive, can serve as grounds for filing complaints and pursuing lawsuits over discriminatory behavior. One racially derogatory comment is NOT enough to constitute a hostile work environment in most circumstances. When comments and overt behaviors cause a racially targeted individual to start doing poor work, skip shifts altogether, fear for his or her safety, or quit, grounds for filing a hostile work environment lawsuit exist. It is important to consult with a Columbus race discrimination lawyer BEFORE you resign.
Co-workers and managers cannot be allowed to engage in discriminatory behavior. In a legal sense, this means that a company’s senior management and owners can sometimes be held liable for allowing racial discrimination to persist. This is why employment lawsuits over race discrimination often name the company as the principal defendant. The problem could have and should have been resolved as soon as it was noticed or reported.
Taking Legal Action Against Racial Discrimination at Work
It is important to understand that anyone can be the victim of race-based discrimination. When discriminatory behavior occurs, the targeted individual should report the incident to a manager, supervisor, HR or union representative, or, if just applying for a job, the state employment commission. Be sure to report the harassment in writing and keep a copy of the correspondence, should you need it later.
Going through an employer or state-administered investigation and resolution process is usually required before a lawsuit can be filed. If the employer or state’s process fails to produce an acceptable solution, the next step is usually to submit an official complaint to the Equal Employment Opportunity Commission.
The EEOC will conduct its investigation and may try to work with a company to identify and implement a solution. If that process fails, the EEOC can issue the employee a Right to Sue, which allows the employee to bring his/her federal and state law claims in the same lawsuit.
During a lawsuit over race-based employment discrimination, the plaintiff must prove that the discriminatory behavior was severe or pervasive and, caused a negative employment action, like termination, to occur. Partnering with an experienced Columbus race discrimination lawyer will help the plaintiff determine whether he or she can fulfill these requirements and successfully file a claim against the former employer.
Do not suffer from any type of discrimination. If your managers or co-workers are harassing you or denying you equal pay and professional opportunities because of your race, contact our employment lawyer The Friedmann Firm to schedule a free and confidential consultation over your legal rights. You can call us at 614.610.9755 or request an appointment online.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.