Race Discrimination Lawyers in South Carolina and North Carolina
Race discrimination remains prevalent in the workforce. Workers are frequently treated differently than their peers because of their race or skin color. This bias can be obvious (conscious) or implicit (subconscious), since people do not just check their racial stereotypes and inappropriate presumptions at the door when they come to work. Implicit or subconscious bias is even more common, and just as dangerous and devastating to impacted workers.
Workers affected by race discrimination often have more legal protections than victims of other types of discrimination. If you feel that you have been the victim of workplace race discrimination, you should reach out for a consultation today, or call us at 704.940.6399 or 864.516.7526.
What is Race Discrimination?
Race discrimination is when an employer takes an adverse action against you because of your race, skin color or characteristics associated with your race, such as hair texture or style. Federal law and state law in North Carolina and South Carolina prohibits race-based discrimination in hiring, compensation and any other term or condition of employment.
Workplace race discrimination and racial harassment is outlawed in Title VII of the Civil Rights Act of 1964. The second relevant law is Section 1981 of the Civil Rights Act of 1866, which prohibits the same types of discrimination as Title VII, but offers a more generous statute of limitations and is also applied against small businesses. In fact, many employers who are practically immune from other employment lawsuits, like age discrimination, can be liable for race discrimination because of the added protections in Section 1981.
See answers to other frequently asked questions about race discrimination in the workplace.
EEOC Guidance on Race Discrimination
The law recognizes disparate treatment and disparate impact in race discrimination cases. Disparate treatment means your employer intentionally treated you differently because of your race. Disparate impact means a neutral workplace policy disproportionately harms employees of a particular race, even if it was devised without discriminatory intent. Disparate treatment cases focus on an employer’s actions, while disparate impact claims must be backed with evidence showing a policy’s outsized effect on a protected group.
Common examples of racial discrimination at work include being passed over for a promotion given to a less qualified white coworker, being disciplined more harshly than employees of other races for the same conduct, receiving lower pay than colleagues in comparable roles, being assigned worse shifts or accounts based on race, and being subjected to racial slurs or a hostile work environment. Neutral policies that disproportionately harm employees of a particular race can support a claim: for example, a blanket requirement for a college degree for an entry-level or labor-intensive role where the requirement is not directly related to the position or job duties.
Contact a Race Discrimination Attorney
Still have questions about your racial discrimination case? If you believe your employer treated you unfairly based on a protected characteristic, contact Herrmann & Murphy to request a consultation with an employment law attorney. To discuss your specific situation, call us during business hours at 704.940.6399 in North Carolina or 864.516.7526 in South Carolina.
Race Discrimination FAQs
A successful race discrimination claim generally requires showing that:
- You belong to a protected class.
- You were meeting your employer’s legitimate job expectations.
- You experienced an adverse employment decision, such as being fired, demoted, denied a promotion or having your pay reduced.
- The action taken against you was motivated by discriminatory intent.
To prove your employer discriminated against you based on race, you will also need evidence showing your employer’s actions were not isolated incidents. Evidence may include emails, text messages, performance reviews, disciplinary records, HR complaints or witness statements from coworkers. An experienced employment attorney can help identify key evidence, establish a pattern of discrimination, and build the strongest possible case on your behalf.
In North Carolina, you must file a charge with the EEOC within 180 days (six months) of the discriminatory act, such as the day you were fired or learned a promotion decision was made. In South Carolina, the deadline is 300 days (ten months). Don’t wait to reach out to an attorney about your concerns. Once the filing deadline passes, your legal options are significantly limited regardless of how strong your case may be.
Yes. Racial harassment is considered a form of race discrimination under Title VII. This includes racial slurs, offensive jokes, derogatory comments about a racial group, and physical assault or threats of violence targeting someone because of their race. The harassment must be severe or pervasive enough that a reasonable person would find the work environment hostile. Read more about how to recognize workplace harassment.
Retaliation for reporting race discrimination is illegal. If you reported discrimination, filed an EEOC charge or participated in an investigation, and your employer responded by demoting you, cutting your hours, changing your job duties or firing you, you may have a separate claim of retaliation. Herrmann & Murphy can pursue both claims on your behalf.
In general, it is helpful to keep a personal log or record of any incidents at work that can help an attorney establish a pattern of discriminatory behavior. Report the conduct through your employer’s internal process, if one exists, and keep a copy of what you submitted. A successful case hinges on being able to provide key evidence to prove racial discrimination.
You have the right to contact an employment attorney at any time, to discuss the specifics of your situation and request legal advice or suggestions. You are not obligated to hire an attorney as a result of requesting a consultation. Call 704.940.6399 in North Carolina or 864.516.7526 in South Carolina to discuss your situation with the legal team at Herrmann & Murphy.
