Race Discrimination

Federal and state laws prohibit an employer from discriminating against an employee because of that employee’s race or national origin. 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, ethnicity, or national origin. 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 illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Employers may not discriminate against employees on the grounds that they are from another country, have names or accents associated with a national origin group, participate in certain customs associated with a national origin group, or are married to or associate with people of a certain national origin. A rule requiring that employees speak only English on the job may violate Title VII of the Civil Rights Act of 1964 (“Title VII”) unless an employer shows that the requirement is necessary for conducting business.

It is also illegal for an employer to subject an employee or allow an employee to be subjected to severe or pervasive harassment because of that employee’s race or national origin. Harassment based on race or national origin 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 or national origin are illegal.

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 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 District of Columbia Human Rights Act echoes the anti-discrimination language of Title VII almost verbatim, 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. Similarly, the Virginia Human Rights Act applies to small businesses that may not be covered under Title VII. Meanwhile, several counties in Maryland enforce analogous statutes forbidding race-based discrimination. An attorney who is familiar with local laws can help you decide under which statutes – state or federal – you should file your complaint.

We are especially committed to representing employees who have been subjected to post-September 11 backlash discrimination and work closely with the American-Arab Anti-Discrimination Committee to provide counsel and assistance to employees who have been subjected to such invidious discrimination.

If you are experiencing – or have already experienced – discrimination based on your race or national origin that you are thinking about reporting, or if you have already reported discrimination and are facing retaliation, contact the experienced lawyers at Katz, Marshall & Banks, LLP for an evaluation of your case with no further obligation.