It is illegal to discriminate in the workplace based on race, and you have the right to sue your employer in such a case. It is difficult to prove discrimination when people are trying to hide their actions. A skilled Austin employment lawyer can aid in finding the evidence needed to support a strong case.
Direct evidence of racial discrimination at work
Sometimes there is clear evidence of discrimination. If an executive at a company sends an email telling recruiters not to hire certain races for specific jobs, it would be clear evidence that the company intends to discriminate. This kind of evidence would be straightforward to prove your case. However, direct evidence is scarce. Many companies go to great lengths not to be sued for discrimination, and managers and executives generally understand that workers shouldn’t be discriminated against in any obvious manner. Unfortunately, racial discrimination still exists at work, and it just happens in subtler ways.
Indirect Evidence of Racial Discrimination at Work
Even if you don’t have a document stating your employer’s intention to discriminate against you, one can still use indirect evidence to prove discrimination. You will generally want to confirm that your employer treats employees differently based on their race, and some workers are treated better than others.
Your employer could provide evidence that they have non-discriminatory reasons.
After you have presented your evidence, your employer can respond with proof that they had legitimate and non-discriminatory reasons for their actions. The employer could claim, for example, that you did not have the required experience to get a promotion.
The employer will be able to convince the court that this is the valid reason you weren’t promoted. Next, you have the opportunity to prove that your employer is hiding the truth.
Show evidence that discrimination was the real reason your employer took action.
You must prove that your employer engaged in racial discrimination to win your case. You can prove that the employer’s reasons were false and pretextual to conceal the truth. If the employer claims you don’t have the experience necessary to be promoted, you can show evidence that you have more relevant experience than the hired person.
Your company could be required to investigate the matter and pay you for the damages. If your boss discriminated against your race and you didn’t get promoted, your company could be required to grant you the promotion. In some cases, you may also be paid for expenses incurred due to discrimination and be eligible for payment for emotional distress. The company will also be required to end its illegal discrimination and prevent it from occurring again.