Work With Iowa And Nebraska Race Discrimination Lawyers Who Advocate Aggressively For You
Members of all races are protected from discrimination based on their race, although race discrimination most commonly occurs to people of color. Managers who make decisions influenced by racial bias may not always be consciously aware of their own bias, but workplace racial discrimination is still wrong and illegal.
It is also against the law for your employer to discriminate against you because you associate with or are married to someone of a different race, or because you have multiracial children. While most cases involving illegal discrimination have a very short statute of limitations (300 days), you may have up to four years to file a race discrimination lawsuit. To learn more about your rights and legal options, contact Fiedler Law Firm, P.L.C., to schedule an initial consultation at our offices in Johnston, Iowa, and Omaha, Nebraska.
Examples Of Race Discrimination
Racial discrimination can be subtle or obvious. If you are a person of color, you might have been a victim of illegal racial discrimination in the workplace if:
- A potential employer chooses a less-qualified applicant over you
- You receive lower pay or benefits than white coworkers
- Your employer holds you to higher standards than it does white employees
- The employer uses tests or other screening mechanisms that result in the exclusion of people of color
- Your employer sets up greater barriers to advancement for employees of color
As mentioned above, white workers can also face discrimination, particularly in workplaces where they are in the minority.
Common Scenarios When Race Discrimination Occurs
We’ve provided some detailed scenarios similar to those experienced by former clients, along with how our attorneys would respond.
Scenario one: “I violated a workplace rule and received discipline, but non-Hispanic workers do the same thing all the time and get away with it. Do I have a case?
Attorney response: This might be race discrimination. We would need to explore whether you lost any money because of the discipline, if it will have long-term consequences for your career, or whether there’s another unfair treatment going on.
Scenario two: “My workplace has a rule against cornrows at work. The policy states that “hair cannot be styled in more than two braids.” This seems like it’s aimed at African Americans. Can they enforce this?”
Attorney response: Likely not. We would need to know their reason for the rule – is there a legitimate safety reason, or do they just think black hair is “unprofessional?”
Scenario three: “I work at a nursing home and there is a resident who is horribly racist. She’s used racial slurs toward other black workers (although not at me). The home posted a notice on the resident’s door that only white employees should take care of her. I don’t want anything to do with this lady, but my employer’s actions are even more insulting.”
Attorney response: The law does not allow employers to engage in race discrimination for any reason. Your right to equal treatment in the workplace overrides the resident’s racist desire for certain nurses.
Scenario four: “Someone’s purse got stolen at work, just six weeks after I started. Although no one said it to my face, I felt like everyone immediately suspected I was the thief because I’m African American. I had an outstanding 30-day performance appraisal, yet I was fired a few days after the theft. All they said was that I hadn’t made it through probation. What do I do now?”
Attorney response: Your potential case should be evaluated by an attorney who understands employment law and how bias works. One way we prove discriminatory motive is by showing that the reason given by the employer is false or doesn’t make any sense. Since your performance was great until the theft, it seems likely that your employer made racist assumptions when it decided to fire you.
What Damages Can You Recover As A Victim Of Racial Discrimination?
If you have experienced racial discrimination at your workplace, there are specific damages you may be able to recover. Damages refer to money owed for harm suffered. Depending on the details of a racial discrimination lawsuit, you may be entitled to:
- Back pay: This includes the wages, salary, or benefits you lost due to the discrimination. For instance, if you were unfairly dismissed or demoted because of racial discrimination, you might be entitled to the amount of money you would have earned if the discrimination had not occurred.
- Front pay: In some cases, the effects of discrimination last beyond the immediate moment. Front pay compensates you for the wages you will lose in the future due to the discrimination until you can find a comparable job.
- Emotional distress: Being a victim of racial discrimination can take a significant emotional toll. These damages compensate you for the mental anguish and stress caused by discriminatory actions.
- Punitive damages: These are awarded in cases where the conduct of the employer was particularly harmful. Punitive damages are meant to punish the employer and deter similar conduct in the future.
- Attorney’s fees and legal costs: The process of seeking justice can involve legal expenses. In some cases, you can recover the costs of hiring an attorney and other legal fees.
Our attorneys can help you determine if there might be additional compensation available, including compensation for any career opportunities you missed out on due to discrimination.
FAQs On Race Discrimination In The Workplace
If you believe you have been subjected to racial discrimination at work, you likely have questions about your rights and how to protect them. Below are some frequently asked questions to help you better understand the process of filing a claim and gathering evidence.
How long do I have to file a race discrimination claim?
The timeline for filing a race discrimination claim in Iowa depends on where you file. If you are filing with the Equal Employment Opportunity Commission (EEOC), you must do so within 300 days of the discriminatory act. For claims filed under Iowa state law, you generally have up to two years to file a lawsuit. In some cases, federal law allows up to four years. Deadlines can vary, so consulting an attorney early helps ensure you meet all deadlines and protect your rights.
What should I do if I believe I’m a victim of race discrimination at work?
If you believe you’ve been discriminated against due to your race, start by documenting incidents, including dates, times and witnesses. Report the issue to your employer following company policies and keep records of all communication. If your employer does not resolve the issue, you can file a complaint with the EEOC or a state agency. Consulting with an attorney early in the process is a good idea to protect your rights and evaluate your options.
What evidence do I need to prove race discrimination in the workplace?
Proving race discrimination often requires both direct and indirect evidence. Direct evidence can include racist remarks or emails. Indirect evidence may include showing that you were treated differently than coworkers of other races, received unfair evaluations or were denied opportunities given to others. Witness statements, performance records and comparisons to other employees can strengthen your case. A lawyer can help gather and present this evidence effectively.
Contact Us To Discuss Your Case With Our Knowledgeable Racial Discrimination Attorneys
Fiedler Law Firm serves clients from our offices in Omaha, Nebraska, and Johnston, Iowa. Our caring and attentive lawyers want to hear your story and help you understand your rights and legal options. To get started with an initial consultation, submit an online contact form or call our Johnston, Iowa office at 515-303-8210 or our Omaha, Nebraska office at 402-281-3501.