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Questions about Racial Harassment Laws

Racial harassment at the workplace can be extremely unpleasant and, in certain cases, make it difficult for an employee to perform his/her duties satisfactorily. But every employee has legal rights that and being well informed of these can allow an employee to make well informed choices when handling a case of racial harassment. If you have legal questions, get in touch with Employment Lawyers on JustAnswer for legal information and solutions that will address your situation best. Below are the most commonly answered questions about racial harassment on JustAnswer.

My son has been working in an organization for 3 months and his boss has been discriminating against him. He was even called him a “wetback” because of the color of his skin. What can we do?

It would appear that your son is working in a hostile environment created by his boss. According to the U.S. Supreme Court, a workplace can become hostile and action can be taken against it if there is clear discrimination on the basis of race, religion, age, sex, national origin or disability. To address this issue, a “charge of discrimination” can be filed with the EEOC. This can be done by mail or in person within 180 days of the incident occurring and must be filed in your local EEOC office.

Can you give me a few examples of subtle behaviour that may imply racial harassment or workplace discrimination?

A few examples of what you have asked for could be jokes at the workplace that are of a racial nature; exclusion of people from a particular race in taking part in social functions at work; differential treatment meted out when errors occur; lack of appreciation at a job well done and so on. The more obvious instances of discrimination are comments directed at an employee that carry strong racial undertones, very obvious preferential treatment with regard to monetary benefits like raises and advances and other instances like unfair terminations and so on. Not all situations are alike. Depending on the circumstances, what you can prove in court can also vary. There are steps you can take to safeguard your interests when faced with racial harassment. If you need specific inputs on what you could do in your case, ask an Employment Lawyer on JustAnswer.

In a racial harassment suit involving a workplace, what could the average settlement amount to?

This depends on many factors like the nature of the case being fought and the extent of damage incurred. At the minimum, an employee will be compensated for lost wages if any. But punitive damages that are intended to punish or deter the company from repeating the offence could even end up becoming a million dollar settlement.

I live in Indiana and work for a company that is based in Kentucky. If I have to file a racial discrimination suit, which state do I file in?

Generally speaking, you can file in either of the two states. But the company could limit the jurisdiction of where you could sue if there is an employment agreement or contract in writing to that effect.

Are issues involving gender, race, religious preference or sexual preference the only ways to describe a workplace as being a hostile work environment? If differential treatment is given to one employee, can this come under the umbrella of a hostile work environment as well?

The idea of a hostile work environment, as defined by the U.S. Supreme Court at a Federal level, has been limited to harassment based on factors like gender, race, age, disability, religion or FMLA use. In addition this, State laws have included issues like sexual orientation and worker’s compensation in the list. However, there isn’t a hostile work environment claim that is general in nature. A workplace dignity law has been considered by certain states to put an end to this kind of bullying, but, in all possibility, none have been really passed. To sum up, there is nothing that it is illegal about being treated differently unless there are facts to suggest an illegal motive.

There are several kinds of racial harassment that you could face at the workplace. And being subjected to any of them can amount to a violation of your rights. Employment lawyers on JustAnswer can put your fears to rest and answer your questions in the quickest and most affordable manner possible. So write to them for solutions to any questions about racial harassment that trouble you.
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