What constitutes racial discrimination in the workplace?
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What constitutes racial discrimination in the workplace?
I AM AN AFRICAN AMERICAN, WHO WAS TOLD BY THE COMPANY THAT MY POSITION AS THE TRANSPORTATION MANAGER WAS BEING ELIMINATED, AND CHANGED OVER TO AN HOURLY. 6 MONTHS LATER THE POSITION HAS BEEN GIVEN TO A WHITE MANAGER ON A SALARY. DO I HAVE A DISCRIMINATION CASE OR A WRONGFUL TERMINATION CASE?
Asked on September 6, 2010 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Racial discrimination in employment is illegal. The short--admittedly oversimplied--description of what constitutes racial discrimination is that it is making an employment decision, or taking some negative employment-related action, because of someone's race. The race must be the motivating, or at least a significant motivating, factor. If the decision is taken based on some other, race-neutral basis--e.g. a restructuring to improve efficiency or lower costs; promoting one person over another when the first person has more experience or better qualifications--it is not discrmination, even if it happens to have negatively impacted a minority.
If you believe that the employement decisions affecting you were made on a racial basis, not on a neutral basis, then you should consult with an employment attorney who can evaluate your situation in more detail and advise you as to whether you have a case and what it might be worth.
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