Experienced Legal Representation for Victims of Race Discrimination
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 attorneys can help.
Despite social awareness and campaigns against racism and racial profiling, race 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 race discrimination were enacted more than 50 years ago.
What is race discrimination?
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”).
How does Racial Discrimination Occur in the Workplace in MN?
Racial discrimination in the workplace in Minnesota can occur in many forms, including:
- Disparate treatment: This occurs when an employee is treated differently than other employees because of their race. This can include being denied promotions, being paid less than other employees, or being subjected to different disciplinary procedures.
- Disparate impact: This 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.
- Hostile work environment: 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 Minnesota, you should contact our race discrimination attorney.
How to Know If You Have Been Racially Discriminated Against?
Recognizing Racial Discrimination in the Workplace in Minnesota
Racial discrimination can manifest in various ways, often subtle and insidious. Here are some common signs to watch for:
Direct Discrimination:
- Overt Bias: Explicit racial slurs, jokes, or offensive comments.
- Unequal Treatment: Being treated differently from colleagues of a different race, such as in assignments, promotions, or disciplinary actions.
- Hostile Work Environment: A work environment filled with racial tension, harassment, or intimidation.
Indirect Discrimination:
- Disparate Treatment: Being treated less favorably than others in similar situations, even if not explicitly racial.
- Disparate Impact: Policies or practices that seem neutral but disproportionately harm individuals of a particular race.
- Microaggressions: Subtle, everyday slights or insults that communicate negative messages about a person’s race or ethnicity.
What are the steps I can take if I have been a victim of racial discrimination in the workplace in MN?
If you suspect you’re experiencing racial discrimination, consider these steps:
1. Document Everything:
- Keep a detailed record: Note dates, times, names of witnesses, and any relevant evidence (emails, texts, voicemails, etc.) related to the discriminatory incidents.
- Save evidence: Preserve any physical evidence, such as discriminatory emails or notes.
2. Report the Incident:
- Inform HR: Report the incident to your HR department, providing a written statement with details.
- Consider internal grievance procedures: If your company has a specific process for handling discrimination complaints, follow it.
3. Seek Legal Advice:
- Consult an attorney: Our employment attorney can assess your case, explain your legal rights, and guide you through the process.
- Understand your options: Discuss potential legal remedies, such as filing a complaint or a lawsuit.
4. File a Complaint:
- Minnesota Department of Human Rights (MDHR): File a charge of discrimination with the MDHR within one year of the incident.
- Equal Employment Opportunity Commission (EEOC): File a charge with the EEOC, which can also be done through the MDHR’s website.
5. Consider Mediation:
- Mediation: If both parties agree, mediation can be a way to resolve the issue without going to court.
6. File a Lawsuit:
- Civil lawsuit: If mediation or administrative processes fail, you can file a lawsuit against your employer in civil court.
Is racial harassment in the workplace illegal?
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:
- Refuses to hire or to maintain a system of employment which unreasonably excludes a person seeking employment; or
- Discharges an employee; or
- Discriminates against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment.
Recognizing Racial Discrimination in the Workplace in Minnesota
Racial discrimination can manifest in various ways, often subtle and insidious. Here are some common signs to watch for:
Direct Discrimination:
- Overt Bias: Explicit racial slurs, jokes, or offensive comments.
- Unequal Treatment: Being treated differently from colleagues of a different race, such as in assignments, promotions, or disciplinary actions.
- Hostile Work Environment: A work environment filled with racial tension, harassment, or intimidation.
Indirect Discrimination:
- Disparate Treatment: Being treated less favorably than others in similar situations, even if not explicitly racial.
- Disparate Impact: Policies or practices that seem neutral but disproportionately harm individuals of a particular race.
- Microaggressions: Subtle, everyday slights or insults that communicate negative messages about a person’s race or ethnicity.
If you suspect you’re experiencing racial discrimination, consider these steps:
- Document Everything: Keep a detailed record of incidents, including dates, times, names of witnesses, and any relevant evidence (e.g., emails, texts, voicemails).
- Consult with HR: Report the incident to your HR department. While this isn’t always effective, it can be a first step in addressing the issue.
- Seek Legal Advice: Consult with an employment attorney to discuss your options and potential legal remedies.
- File a Complaint: Consider filing a complaint with the Minnesota Department of Human Rights or the Equal Employment Opportunity Commission (EEOC).
What are the Laws Protecting Employees from Racial Discrimination in MN?
Minnesota has laws in place to protect employees from racial discrimination in the workplace. Here are the primary laws that safeguard employees’ rights:
Minnesota Human Rights Act (MHRA):
- Broad Protection: 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.
- Employer Coverage: The MHRA applies to all employers in Minnesota, regardless of size.
- Prohibited Discrimination: The MHRA prohibits discrimination in all aspects of employment, including hiring, firing, promotion, compensation, benefits, and working conditions.
Federal Laws:
- Title VII of the Civil Rights Act of 1964: This federal law 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:
- Disparate Treatment: Protects against intentional discrimination based on race.
- Disparate Impact: Protects against policies or practices that have a disproportionate negative impact on employees of a particular race, even if not intentionally discriminatory.
- Hostile Work Environment: Protects against harassment or discrimination that creates a hostile or offensive work environment.
What if there are no specific racial comments
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, 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 . . . .”
What if a workplace policy unfairly impacts one race?
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 Africa-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 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:
- the presence of race/color based comments (written or oral)
- how others outside the employee’s race are treated
- whether there a “pattern or practice” of treating certain races unfavorably
- the background and history of the employer’s work environment and workforce
- how employment policies are applied
- the race of the decision-maker
CONTACT OUR MINNESOTA RACE DISCRIMINATION ATTORNEY
The employment attorneys at Wanta Thome PLC 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 here from you. Contact us for free case evaluation.
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