Race Discrimination

Federal and state laws prohibit an employer from discriminating against an employee because of that employee’s race. An employer may not give an employee less favorable treatment, fewer job or promotional opportunities, or terminate or refuse to hire an employee because of that employee’s race. Additionally, an employer may not adopt policies that disproportionately impact members of a particular race unless the employer can demonstrate that there is a legitimate business necessity for such policies.

It is also illegal for an employer to subject an employee or allow an employee to be subjected to harassment because of that employee’s race. Harassment based on race is any conduct that interferes with a person’s work performance, negatively affects a person’s employment opportunities, or creates an intimidating, hostile, or offensive work environment. Racist jokes, name-calling, threats, and other forms of mistreatment towards an employee because of his or her race are illegal if the behavior is so severe and pervasive that it changes the terms or conditions of a person’s employment.

In addition to Title VII, employees may also be protected under state laws that forbid race discrimination. The specifics of these statutes vary from state to state, but in some cases plaintiffs may be able to pursue claims for damages and other relief under these statutes in addition to those provided by Title VII. For example, the language of the District of Columbia Human Rights Act (“DCHRA”) is almost identical to that of Title VII, but this D.C. anti-discrimination law does not include a cap on damages or a requirement that the employee first file an administrative complaint. The DCHRA also allows for liability against individuals, such as supervisors. The Virginia Human Rights Act, meanwhile, applies to small businesses that may not be covered under Title VII. Several counties in Maryland also enforce statutes similar to Title VII. An attorney who is familiar with local laws can help you decide under which statutes — state or federal — you should file your complaint.

The attorneys at Katz, Marshall & Banks have a long history of successfully representing clients in race discrimination, harassment and retaliation cases, and we are nationally recognized as experts in the field.  If you believe that you have been subjected to illegal race discrimination, contact the experienced lawyers at Katz, Marshall & Banks, LLP for an evaluation of your case with no further obligation.