Race Discrimination in the Workplace
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Race is one of the classes protected by both federal and state anti-discrimination laws. Discrimination based on national origin or ethnicity is also prohibited. In many cases, an employee who is subject to race discrimination may also be experiencing national origin discrimination. Below is some general information about race and national origin discrimination. You can also read the stories of some people we have helped in our race and national origin discrimination case studies.
Race and National Origin Discrimination DefinedRace or national origin discrimination in employment is the unfavorable treatment of someone based on either of these characteristics. This could arise in the context of decisions to hire, promote, discipline or terminate an employee.
Disparate treatment is a direct form of discrimination, in which an individual of a racial or ethnic minority is treated differently from other employees. An example would be the promotion of a white person over an equally qualified minority, or discipline or termination of a minority employee for infractions that are not applied equally to others. Disparate impact is another form of discrimination. In this scenario, rather than behavior targeted at an individual based on their race or national origin, an employer might have policies or practices which disproportionately impact one race or ethnic group, even though they appear neutral on their face. An example could be a dress code that prohibits certain apparel that is common and appropriate to an employee's culture. |
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Recognizing Discrimination
Both race and national origin discrimination in the workplace could involve outright hostility to a race or ethnicity, but often it is more subtle than that, and may be driven primarily by stereotypes or assumptions an employer or supervisor might have.
For example, is a black employee criticized for expressing frustration while white employees are not? This could be driven by an "angry black man" stereotype. If criticism for expressing anger or frustration is applied unevenly, and drives employment decisions for the individual, this could be evidence of discrimination.
There may also be assumptions and stereotypes at work with respect to national origin. These may be assumptions about English proficiency, work ethic, or any number of things. Sometimes following world events people of certain nationalities face increased suspicion in the workplace. People of Middle Eastern descent following 9/11, or Asian Americans immediately following the COVID outbreak are just two examples of this.
For example, is a black employee criticized for expressing frustration while white employees are not? This could be driven by an "angry black man" stereotype. If criticism for expressing anger or frustration is applied unevenly, and drives employment decisions for the individual, this could be evidence of discrimination.
There may also be assumptions and stereotypes at work with respect to national origin. These may be assumptions about English proficiency, work ethic, or any number of things. Sometimes following world events people of certain nationalities face increased suspicion in the workplace. People of Middle Eastern descent following 9/11, or Asian Americans immediately following the COVID outbreak are just two examples of this.
Minority to Minority Discrimination
Not all workplace discrimination involves a white supervisor discriminating against a minority (though sadly that is still common). It is also possible for a member of a racial or ethnic minority to discriminate against another minority. For example, we have handled many situations where the supervisor and the employee both appear as black, but are from different nationalities and hold biases based on the other's country of origin. We have also seen cases of bias between African Americans and individuals of Hispanic descent, Asian Americans and non-Asians, and many more.
The key question if you suspect discrimination in the workplace is whether the employment actions that are being taken are unevenly applied to people of different races or ethnicities, or appear to be based on stereotypes or assumptions relating to race or ethnicity. This is true whatever the race or ethnicity of the supervisor or decision-maker in management.
The key question if you suspect discrimination in the workplace is whether the employment actions that are being taken are unevenly applied to people of different races or ethnicities, or appear to be based on stereotypes or assumptions relating to race or ethnicity. This is true whatever the race or ethnicity of the supervisor or decision-maker in management.
Harassment Based on Race or Ethnicity
In general, hostile behavior at work, even workplace bullying, is not unlawful. However, if the motivation behind the harassment is discriminatory, you are protected under the law.
As it relates to race and national origin, this can include co-worker's use of inappropriate language in the workplace. It can include jokes that play on stereotypes about a race or ethnicity, or direct disparaging comments to or about an employee that are driven in whole or in part by that person's race or ethnicity.
It may not be your supervisor making these comments, but if you report the behavior to management, along with your belief that it is racially or ethnically motivated, it becomes the employer's responsibility to investigate and address. You should also know that state and federal anti-discrimination laws protect you from retaliation for making a good faith report of discrimination in your work environment.
As it relates to race and national origin, this can include co-worker's use of inappropriate language in the workplace. It can include jokes that play on stereotypes about a race or ethnicity, or direct disparaging comments to or about an employee that are driven in whole or in part by that person's race or ethnicity.
It may not be your supervisor making these comments, but if you report the behavior to management, along with your belief that it is racially or ethnically motivated, it becomes the employer's responsibility to investigate and address. You should also know that state and federal anti-discrimination laws protect you from retaliation for making a good faith report of discrimination in your work environment.
Time Limits for Discrimination Claims
In most situations, the statute of limitations for discrimination lawsuits is 300 days, or approximately 10 months. You may see articles on the internet that say the deadline is 180 days or six months. This is true under federal law but in Massachusetts you have some additional time even for federal claims.
This is the deadline for filing your initial complaint with either the Equal Employment Opportunity Commission or the MCAD. If you decide to remove your complaint from either agency, you will have additional time to file a complaint in court. For state claims, you have three years from the event giving rise to the claim. For federal claims before the EEOC, you may have additional time.
How this works: if you are terminated on December 21, 2019, you have until October 16, 2020 to file with MCAD or EEOC. If you file in MCAD and then remove the complaint, you still have until December 21, 2022 to file a civil complaint in court.
Sometimes MCAD or the EEOC will take a long time processing your complaint. We have seen cases stay in MCAD past the three year statute of limitations. In those cases, you essentially lose your right to bring your claim in court if you allow it to stay in MCAD past the statute of limitations deadline.
If you have filed an MCAD complaint and it is still pending at MCAD after two and a half years or more, you should consider withdrawing from MCAD and filing in court before the three years are up.
This is the deadline for filing your initial complaint with either the Equal Employment Opportunity Commission or the MCAD. If you decide to remove your complaint from either agency, you will have additional time to file a complaint in court. For state claims, you have three years from the event giving rise to the claim. For federal claims before the EEOC, you may have additional time.
How this works: if you are terminated on December 21, 2019, you have until October 16, 2020 to file with MCAD or EEOC. If you file in MCAD and then remove the complaint, you still have until December 21, 2022 to file a civil complaint in court.
Sometimes MCAD or the EEOC will take a long time processing your complaint. We have seen cases stay in MCAD past the three year statute of limitations. In those cases, you essentially lose your right to bring your claim in court if you allow it to stay in MCAD past the statute of limitations deadline.
If you have filed an MCAD complaint and it is still pending at MCAD after two and a half years or more, you should consider withdrawing from MCAD and filing in court before the three years are up.
How Our Employment Lawyers Can Help
We can help you navigate these issues and get clarity on your rights and obligations in the face of an actual or imminent employment termination or other instances of discrimination. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
