National Origin & Race Discrimination Lawyer
Employees in the United States are entitled to an equal opportunity to pursue a career in the workplace, and this equal opportunity is protected by a variety of state and federal laws and statutes, including Title VII and the North Carolina Equal Employment Practices Act. As confirmed by the United States Equal Employment Opportunity Commission (EEOC), it is illegal to discriminate against a job applicant or an employee because of their race, sex, national origin, disability, age, genetic information, or color. If you have experienced discriminatory behavior at work due to your membership in any of these protected classes, a Charlotte race discrimination lawyer at The Fuller Law Firm can help you determine if you have the right to bring a claim against your employer or prospective employer.
Successfully bringing a case for wrongful discrimination based on national origin or race can sometimes be an uphill battle. Your employer or prospective employer will not likely admit it outright, and you’ll need to put legal instruments to work in order to collect the evidence you need to prove it. A Charlotte race discrimination lawyer from The Fuller Law Firm, P.C. is standing by to review the unique facts of your discrimination case to determine what legal options you might have to entitle you to compensation.
Discrimination Based on National Origin Takes on Many Forms
The North Carolina Office of State Human Resources (NCOSHR) provides a thorough presentation of the various forms of discrimination that employees and job applicants alike are protected against under state law. Through Title VII of the Civil Rights Act of 1964, employment discrimination based on race, color, religion, sex, and national origin is mutually prohibited. If you can prove such discrimination, you will have federal law in your corner to help determine the outcome of your claim or case.
Direct National Origin Discrimination
Employees who directly encounter discriminatory practices and/or unfavorable treatment at their place of employment or by a prospective employer have been the direct subject of the national origin discrimination. When it comes to discrimination rooted in national origin, there are a variety of sources of such discrimination and a number of potential ways it might be manifested. You have directly experienced national origin discrimination if you were treated unfavorably by an employer or potential employer because:
- You are from a particular nation or region of the world
- Because of your ethnicity or accent
- Because you appear to be of a particular ethnic background (even if you are not from that particular area)
When an employee’s membership or perceived membership in a particular ethnic group or background results in unfavorable treatment by an employer or prospective employer, they may have a right to file a claim. Having the right to file a claim, however, does not guarantee that it will even be reviewed, let alone approved for payment. The process is complex and requires evidence, negotiation, and at times, a lawsuit. A Charlotte race discrimination lawyer at The Fuller Law Firm can help.
Indirect National Origin Discrimination
There are ways in which it is possible for employees or prospective employees to have a claim for what amounts to indirect national origin discrimination. It is also possible to experience national origin discrimination in a less direct manner, such as when you are treated unfavorably because:
- You are married to or associated with a person of a certain national origin
- Of your connection to an ethnic organization or group
If you have been discriminated against by an employer or prospective employer because of your association with an individual or group associated with a certain national identity or race, you should speak with a Charlotte race discrimination lawyer, as you could also be protected and have a right to file a claim.
As explained by the NCOSHR, race discrimination happens whenever an employee or applicant is treated unfavorably because:
- They are of a certain race
- Because certain personal characteristics they have been associated with a certain race
In other words, race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color. Discrimination can occur when the victim and the person who inflicted the discrimination are of the same race or color. It is worth noting that the NCOSHR clarifies that persons may still engage in discrimination against a person of the same color. Employees in North Carolina are protected against discriminatory behaviors on behalf of employers and prospective employers under state and federal law, but that does not mean that your claim will be filed automatically or that the employer will pay you what you deserve if you do make a demand. Often, the best way to proceed is with the assistance of a Charlotte race discrimination lawyer.
What Does My Charlotte Race Discrimination Lawyer at The Fuller Law Firm Do For Me?
While it would be ideal if you were automatically awarded all the financial compensation you could possibly be entitled to after you have experienced discrimination in the workplace, that is not how it works. You must prove the discrimination, prove your damages, then collect them by filing a claim that is successfully negotiated or by winning in court.
The process of collecting compensation for the discrimination you have experienced with your current or potential future employer includes the following main steps:
- Gathering evidence to prove discrimination
- Collecting evidence to prove and measure your losses
- Drafting a claim that incorporates your evidence and makes a demand
- Filing your claim in a timely manner
- Negotiating your claim to achieve an out-of-court pretrial settlement
- Bringing your claim to court if pretrial negotiations do not result in a fair outcome
As we’ll explore below, the ability of your Charlotte race discrimination lawyer at The Fuller Law Firm to achieve a positive outcome in your case will often depend upon the availability of evidence and the level of cooperativeness your employer or former employer provides in terms of its collection.
Evidence Collection is Essential to Prove Discrimination
If you have been denied a job, a promotion, or other job benefits as a result of your national origin or race, you’ll have to prove it with evidence that is collected through the use of legal instruments including depositions, interrogatories, and requests for information. How was your race or national origin factored into the workplace decision? Were there other viable reasons that your employer or prospective employer could give for the action taken against you?
The first aspect of evidence collection is to prove that the employer or prospective employer did in fact discriminate against you based on national origin or race. A Charlotte race discrimination lawyer from The Fuller Law Firm, P.C., on your team, will collect statements and documents from the employer to determine any discriminatory behavior. While it is not in their best interests to admit wrongdoing, it is also not in an employer’s best interests to perjure themselves in official court statements.
Your Charlotte Race Discrimination Lawyer Measures and Proves the Damages of Discrimination
It can be difficult to prove that an employer or potential employer has engaged in discriminatory behavior as oftentimes, there might not be an easily discoverable record of events or paper trail. If the discrimination can be proven, you then must prove that you have suffered damages in order to collect compensation. To have a claim for discrimination based upon race or national origin, it is not enough to prove that a workplace decision was based upon race or national origin but that the decision resulted in harm to you.
For example, if you apply for a position as a volunteer at a raffle organization to stand at a door and take tickets, and you are denied the position because of your race or national origin, you may have been discriminated against. However, since the position was volunteer work and you were not being paid, you did not experience any financial harm in being denied the opportunity.
Alternatively, if your workplace had a recent opening at a higher level that was appropriate and well-suited for a person of your qualifications and experience, yet you were not considered or even wrongfully passed over for the promotion due to your race or national origin, then you may have a claim. What matters is the fact that you have suffered a loss.
Connect with a Charlotte Race Discrimination Lawyer from The Fuller Law Firm, P.C.
Experiencing national origin and racial discrimination in the workplace can be devastating. With a dedicated Charlotte race discrimination lawyer from The Fuller Law Firm, P.C., by your side, you can step back and allow us to use all the legal tools at our disposal to build the strongest case possible on your behalf.