Minnesota employers are prohibited from discriminating against employees for their race, heritage, or country of origin. If you have been denied a job, promotion, or terminated because of racial profiling or discrimination, our Minneapolis attorneys can help.
Despite social awareness and campaigns against racism and racial profiling, racial discrimination in the workplace continues to be problematic in Minnesota and nationwide. In 2018, over 30% of all charges filed with the U.S. Equal Employment Opportunity Commission office in Minnesota asserted claims of discrimination based on race. This is an astonishing number considering state and federal laws guarding against racial discrimination were enacted more than 50 years ago.
Race discrimination is any form of disparate treatment, harassment, or other unfavorable treatment based on the racial identity of an employee. It may occur when an employer treats an employee unfavorably because of race, color, or characteristics unique to one’s race, including skin color/pigmentation, hair texture, or facial features. Employees are protected from discrimination based on race and color under both Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Minnesota Human Rights Act (“MHRA”). If you have experienced racial prejudice in the workplace, a Minneapolis attorney from our firm could help you take legal action.
Racial discrimination in the workplace can occur in many forms.
This occurs when an employee is treated differently from other employees because of their race. Disparate treatment can include being denied promotions, being paid less than other employees, or being subjected to different disciplinary procedures.
Disparate impact occurs when an employer’s policies or practices have a disproportionate negative impact on employees of a particular race. For example, a requirement that all employees have a college degree could have a disparate impact on African American employees, who are less likely to have a college degree than white employees.
This occurs when an employee is subjected to unwelcome racial harassment or discrimination that creates a hostile or offensive work environment. This can include racial slurs, jokes, or other offensive conduct.
If you believe you have been the victim of racial discrimination in the workplace in Minneapolis, you should contact our compassionate lawyers.
Racial discrimination can manifest in various ways, often subtly and insidiously. Here are some common signs to watch for:
If you suspect you’re experiencing racial discrimination, it is important to take the following steps.
Yes. Harassment, slurs, and a hostile work environment are considered a form of racial discrimination. Harassment may include racial slurs or offensive or derogatory remarks about an employee’s race or color. Harassment is illegal when it is so severe or frequent that it creates a hostile work environment or results in an adverse employment decision. According to the MHRA, an employer engages in illegal and discriminatory conduct when, because of race or color, the employer:
If you are unsure whether your mistreatment constitutes racial discrimination, contact a Minneapolis lawyer from our firm.
Minnesota has laws in place to protect employees from racial discrimination in the workplace. Here are the primary laws that safeguard employees’ rights:
The MHRA provides comprehensive protection against discrimination based on race, color, creed, religion, national origin, sex, marital status, disability, public assistance status, age, sexual orientation, gender identity, and familial status. The MHRA applies to all employers in Minnesota, regardless of size, and prohibits discrimination in all aspects of employment, including hiring, firing, promotion, compensation, benefits, and working conditions.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. While it generally applies to employers with 15 or more employees, it offers additional protections in certain circumstances. Key protections offered by this federal law include:
Race discrimination is seldom obvious or blatant. For this reason, Minnesota and federal laws also protect against discriminatory treatment motivated by subtle or subconscious biases or stereotyped thinking. Often, our Minneapolis attorneys look beyond comments to the totality of circumstances to assess whether race was a factor in the employer’s conduct or employment decision. This may include an employer who offers opportunities or pay raises to all white employees or denies an offer to a qualified candidate after discovering his or her race.
Minnesota further protects employees from race discrimination where an employee is treated unfavorably because he or she is married to or associated with persons of a certain race. Specifically, the MHRA provides that it is illegal to discriminate against persons “associated with a person or group of persons who are . . . of a different race [or] color . . . .”
Discrimination can also occur where an employer’s workplace policy that is not related to the job has a disparate or negative impact on employees of a certain race. For example, a policy requiring a high school diploma and minimum scores on two separate aptitude tests—while applied to all employees without regard to race—prevented a disproportionate number of African-American employees from being hired or advancing in the company. Even though it was not intentional discrimination, the policy was illegal because there was no business necessity for the policy, it was not sufficiently related to the job, and it had a disparate impact based on race. See search –Griggs v. Duke Power Co., 401 U.S. 424 (1971).
Determining whether an employee has been discriminated against because of his or her race or color can sometimes be difficult. A few factors to consider include, but are not limited to:
A Minneapolis lawyer from Wanta Thome could examine your situation to determine whether your employer’s conduct qualifies as racial discrimination.
The employment attorneys at Wanta Thome have years of experience litigating race discrimination employment lawsuits. If you believe you have been discriminated against or are currently being discriminated against in your workplace, we want to hear from you. Contact us for free case evaluation from a Minneapolis race discrimination lawyer.
Contact us for a complimentary consultation with an attorney from our experienced employment law team.
Stay informed, stay empowered, and remember, understanding your rights is the first step toward ensuring they are respected.
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